Forcing Arrestees To Strip, Circulating Their Photos In Media Direct Assault On Human Dignity: High Court Raps Rajasthan Police

The Rajasthan High Court has taken serious note of the alleged routine practice of police officials compelling accused/ arrestees to sit at the entrance of the police station and then taking their photographs, which are then widely circulated online. The bench of Justice Farjand Ali further noted that in certain instances, arrestees are allegedly compelled to strip and remain in undergarments while confined in cells. "Such conduct is plainly inhuman, degrading, and violative of the bare minimum human rights guaranteed to every individual, irrespective of the accusations against him...Article 21 of the Constitution of India guarantees not merely the right to life, but the right to live with dignity, honour, and selfrespect. The right to dignity does not evaporate upon arrest. Even a person accused of an offence continues to be clothed with basic human rights. Forcing an arrestee to sit on the floor, stripping or partially disrobing such person, photographing him or her in a degrading condition, and thereafter circulating those images on social media or in newspapers, amounts to institutional humiliation and a direct assault on human dignity," it said.The Court thus directed the Superintendent of Police, Jaisalmer to file an affidavit responding to these allegations, and to make necessary arrangements to ensure immediate deletion of such photos and related content of arrested person from web portals, social medial handles, and other platforms, uploaded on their behalf. “The acts complained of are prima facie arbitrary, illegal, and reflective of unbridled caprice, wholly unbecoming of a disciplined force entrusted with the protection of citizen's rights… The issue raised in the present petition discloses a serious and systemic threat to the fundamental right to life with dignity.”Further, taking note of a newspaper article reporting a similar incident against a practicing advocate, the Court directed the Commissioner of Police, Jodhpur, to remove the photos of such advocate within 24 hours, from all online platforms, and submit a detailed reply of all the institutional safeguards being put in place to ensure that such incidents were not repeated. The petition was filed disclosing a “deeply disturbing practice”, alleged to have become alarmingly routine, wherein any accused arrested by the police was compelled to get his/her photos clicked in the manner mentioned above. Such photos were then widely circulated online as well as through local newspapers. After hearing the submissions and taking note of the annexed photographs, that also included images of women, the Court held that any act which publicly paraded an accused as culprit, prior to adjudication of his/her guilt, was an attack at the root of constitutional morality and rule of law. Underscoring the constitutional right to live with dignity, the Court observed that such act amounted to institutional humiliation and a direct assault on human dignity. “Once such photographs are released into the digital and public domain, the stigma attaches permanently. In the case of unmarried women, the consequences can be devastating, affecting their prospects of marriage, social acceptance, and psychological well-being. Even if the accused is ultimately acquitted, the scar inflicted upon reputation and social standing is often irreparable. The Constitution does not countenance such irreversible injury at the hands of the State.”In this background, the aforementioned directions were made to the Superintendent of Police, Jaisalmer, and the Commissioner of Police, Jodhpur, and the matter has been listed on January 28, 2026.Title: Islam Khan & Ors. v State of Rajasthan & Ors.Click Here To Read/Download Order

Forcing Arrestees To Strip, Circulating Their Photos In Media Direct Assault On Human Dignity: High Court Raps Rajasthan Police

Nupur Agrawal

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