Dignity Of Women Is Non-Negotiable: Uttarakhand High Court Slams Online Threats To Advocate Who Secured Acquittal In POCSO Case

The Uttarakhand High Court recently took strong exception to the spate of online rape and death threats issued against a woman advocate who appeared as counsel for the rape accused before the Supreme Court and secured acquittal judgement. Taking suo moto note of such online social media posts, the Court observed that the "dignity of women, by itself, and in the context of our culture, is absolutely non-negotiable". A bench of Chief Justice G Narendar and Justice Subhash Upadhyay also strongly castigated the conduct of social media users and platforms that hosted such "provocative, intimidative and vituperative"posts. Briefly put, on September 23, the Court noted that disturbing posts had surfaced on Twitter (X) and Facebook following the Supreme Court's acquittal judgment pertaining to an accused in connection with a 2014 rape and murder case concerning a 7-year-old girl. These posts criticized a lady advocate who appeared for the accused (Akhtar Ali), who also happens to be the counsel for Nithari case accused, Moninder Pandher and Surendra Koli.Some of these posts, the Court noted, were "not merely vituperative, intimidating and provocatory but, in fact, braying for the blood of the counsel, who rendered her professional duties". One post, the Court pointed out, read: "give betel nut to known people for such individuals", a phrase suggesting a 'supari' or contract to kill. Another said: "shoot this one too, and along with it, ……., as well". Certain other messages not only demeaned the judgment of the apex court by calling it a 'joke' but also directly incited violence against the counsel and her family members. Expressing anguish over such posts, the bench remarked thus: "It is most unfortunate that the social media platforms are a remit for the immature, the unreasonable and oral incontinence and is turning into a nasty circus". The Court said the posts were of such nature that "only god knows what an 'imbalanced mind would do after reading such posts". The division bench warned that such posts would heighten emotions in the society and breed a sense of vengeance and enmity against the targeted persons. Accordingly, on September 23, the bench directed the Director General of Police and the Inspector General of Police (Cyber Crimes) to appear virtually the same day. The Senior Superintendent of Police, Nainital, was ordered to provide full security to the advocate and her family, while all congregations or protests near her office or residence were prohibited. The Court also directed the initiation of proceedings to have the offensive content pulled down. It further ordered that social media platforms such as X, Facebook, Instagram and YouTube be impleaded as party respondents. Now, on September 25, when the matter was taken up again, the SSP, Nainital and the IG (Cyber Crimes) submitted compliance reports informing the bench that two personal security officers had been assigned for the protection of the advocate. The bench was also told that three primary posts which were widely shared and retweeted were identified and ten other objectionable comments had also been flagged. The IG further reported that the orders of the Court had been forwarded to the social media platforms. It was also told to the bench that the designated representatives of X were contacted through phone and WhatsApp, and the matter had been escalated to the company's parent entity in the USA. Compliance from the platforms was still awaited. Taking the compliance report on record, the bench stressed thus: "We hope that the social media platforms i.e. WhatsApp, Meta, Facebook, Twitter/X would abide by the directions, with the necessary urgency that the matter requires. The dignity of women, by itself, and in the context of our culture, is absolutely nonnegotiable". Furthermore, the Court appointed Deputy Advocate General J.S. Virk as Amicus Curiae to assist in the matter and directed that his name be printed accordingly. The suo motu PIL will be heard next on October 17, 2025.

Dignity Of Women Is Non-Negotiable: Uttarakhand High Court Slams Online Threats To Advocate Who Secured Acquittal In POCSO Case

Sparsh Upadhyay

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