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Supreme Court Directs Wikipedia to Remove Content Revealing Identity of RG Kar Rape and Murder Victim

In a key observation in the RG Kar case, the Supreme Court ordered Wikipedia on Tuesday to remove all text that revealed the victim's identity in the gruesome rape and murder case at Kolkata's RG Kar Medical College. Chief Justice of India (CJI) D.Y. Chandrachud emphasized the legal principle of not revealing the identities of rape and murder victims in any way.

During the hearing, the CJI stressed the need to respect victims' privacy and dignity in such sensitive circumstances. The CJI strongly remarked, emphasising the court's commitment to protecting victims' rights, that the governing principle in rape and murder is not to disclose the identity of the victim.

The Supreme Court had already issued an injunction forbidding any revelation of the victim's identity, which Wikipedia was required to comply with. During the hearings, the court learned that Wikipedia had preserved the victim's name and a copy of the photograph, albeit in the form of an artistic graphic.

Wikipedia has preserved the victim's identity and a copy of her image. Even if it is just an artistic graphic, it violates the controlling principle," the CJI stated.

The state's Solicitor General (SG), Tushar Mehta, asserted that Wikipedia continued to post the victim's picture, including specific details of her appearance, despite the court's order. "Everyone is depicting the girl's specific hairstyle," the Solicitor General (SG) stated, highlighting the potential for the victim's visual image to still reveal her identity.

This revelation caused the court to restate its earlier directive, instructing Wikipedia to quickly remove any text that could lead to the victim's identification. The CJI emphasised that any sort of depiction, whether a direct snapshot or an artistic representation, violates the legal protections provided to victims of rape and murder under Indian law.

The Supreme Court's decision reinforces the importance of victims' confidentiality in sexual assault proceedings. Section 228A of the Indian Penal Code prohibits the disclosure of rape victims' identities in order to protect the victim's dignity and privacy, as well as that of their family. The court's order to Wikipedia sends a strong message about the necessity of adhering to these regulations, especially by huge digital platforms with international reach.

We anticipate that the Supreme Court will oversee the implementation of its directive as the case progresses, ensuring that no future violations occur in the broadcast of RG Kar-related content. The legal and privacy issues surrounding the case will likely remain the focus of the upcoming hearing.

For the time being, Wikipedia must abide by the court's ruling and remove any content that still violates the victim's right to privacy.


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