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Orissa High Court ruled today that personal content of a rape survivor shared on social media by rapist needs to be erased, as it is a violation of her fundamental right to privacy and right to be forgotten.
“Allowing videos/photos of rape victims to remain on social media is violative of their fundamental right to privacy,” ruled the Orissa High Court according to this report, in a vital case that upholds the ‘right to be forgotten’.
It is no hidden fact that women across the subcontinent face tremendous violation of their right to privacy and consent. There have been countless instances where the images and videos of victims has been shared across various platforms, sometimes being used as revenge porn.
For example, in 2014, the photos of around 100 well known celebrities, most of them being women were hacked and leaked. There certainly must be so many other instances, even among ordinary women, which might not have even been reported due to the fear of judgment and victim shaming.
In times like these where the concern surrounding consent and privacy has grown even further, a judgment like this takes a vital and necessary stance.
Recently, the Orissa High Court gave its ruling in a case in which the personal content of a rape survivor that included photos and videos were used illegally by the accused without her consent. The accused had created a fake Facebook profile in the victim’s name but deleted it later when intervened by the police.
Taking cognizance of the case, Judge SK Panigrahi stated that, “if the right to be forgotten is not recognized in such matters, any accused will surreptitiously outrage the modesty of the woman and misuse the same in cyberspace unhindered.”
One of the remarks made by the High Court states, “There is an unprecedented escalation of such insensitive behaviour on the social media platforms and the victim like the present one could not get those photos deleted permanently from the server of such social media platforms like Facebook.”
It is vital to note that the Court rightfully asserted that “many women find the criminal justice system complex, confusing and intimidating. Many do not know where to turn to help.” While it sounds like benevolent sexism, it might well be true of a large majority of women who do not know their rights or how to go about ensuring those rights for themselves, and redressal from crime due to the intricacies of the Criminal Justice System.
While dismissing the bail application of the accused in this case the Court also said that, “As in the instant case, the rights of the victim to get those uploaded photos/ videos erased from Facebook server still remain unaddressed for want of appropriate legislation. However, allowing such objectionable photos and videos to remain on a social media platform, without the consent of a woman, is a direct affront on a woman’s modesty and, more importantly, her right to privacy.”
This judgment is a matter of a lot of significance for Indian women. Some of us constantly live under a radar of judgment and shaming in society. There have been numerous instances where our right to consent and privacy has been compromised in one way or the other, in private, in the public domain, or on social media platforms.
Also, in a patriarchal society like this, many women find it difficult to approach the law for their rights, fearing the shame and scrutiny they might face.
Although we still have a long way to go, a judgment like this asserts the importance of our Right to Privacy and Consent and our Right to be Forgotten, something that needs a lot of sensitivity in society.
Image source: Jonas Leupe on Unsplash
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People say that women are the greatest enemies of women. I vehemently disagree. It is the patriarchal mindset that makes women believe in the wrong ideology.
The entire world celebrates International Women’s Day on March 8, 2024. It should be a joyful day, but unfortunately, not all women are entitled to this privilege, as violence against women is at its peak. The experience of oppression pushes many women to choose freedom. As far as patriotism is concerned, feminism is not a cup of tea in this society.
What happens when a woman decides to stand up for herself? Does this world easily accept the decisions of women in this society? What inspires them to be free of the clutches of the oppression that women have faced for ages? Most of the time, women do not get the chance to decide for themselves. Their lives are always at the mercy of someone, which can be their parents, siblings, husband, or children.
In some cases, women do not feel the need to make any decisions. They are taught to obey the patriarchal system, which makes them believe that they are right. In my family, I was never taught to make decisions on my own. It was always my parents who bought dresses and all that I needed.
14 years after her last feature film Dhobi Ghat, storyteller extraordinaire comes up with her new film, Laapataa Ladies, a must watch.
*Some spoilers alert*
Every religion around the world dictates terms to women. The onus is always on women to be ‘modest’ and cover their faces and bodies so men can’t be “tempted”, rather than on men to keep their eyes where they belong and behave like civilized beings. So much so that even rape has been excused on the grounds of women eating chowmein or ‘men will be men’. I think the best Hindi movie retort to this unwanted advice on ‘akeli ladki khuli tijori ki tarah hoti hai’ (an alone woman is like an open jewellery box) came from Geet in Jab We Met – Kya aap gyan dene ke paise lete hain kyonki chillar nahin hain mere paas.
The premise of Laapataa Ladies is beautifully simple – two brides clad in the ghunghat that covers their identity get mixed up on a train. Within this Russian Doll, you get a comedy of errors, a story of getting lost, a commentary on patriarchy’s attitude towards women, a mystery, and a tale of finding oneself, all in one. Done with a mostly light touch that has you laughing and nodding along.
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