Kerala High Court Demands Cyberbullying Protection for LGBTQ+ Community: 'Fairness and Justice in the Digital World’

The Kerala High Court has issued a stern call for the protection of individuals from cyberbullying, particularly members of the LGBTQ+ community, asserting the need for fairness and justice in the digital realm. Justice Devan Ramachandran, addressing the matter, highlighted the constitutional rights ensuring equality and the right to live for every citizen.

"Every citizen has a right to live, which is equal and less to no other. These rights are constitutionally provided and protected and cannot be attenuated or suppressed by any person who may have propagandist ideas or deleterious philosophies to follow," stated the Court.

The High Court's concern arose from a petition filed by two LGBTQIA+ community members and a non-profit organization, citing derogatory remarks and cyber lynching by the Youth Enrichment Society, a registered society. The Court expressed worry about the ease with which reputations can be tarnished online and urged authorities to take necessary action to curb such attacks.

The Court emphasized the significance of addressing cyberbullying in the digital age, stating, "Cyberspace is no longer a myth, it is a reality. It is one where the reputations of persons are easily attacked and deracinated, and the perpetrators believe that they can do so being without any accountability."

The petitioners had accused the Youth Enrichment Society of spreading hate speech, fake news, and derogatory content against the LGBTQIA+ community through social media campaigns. The society's actions were deemed misleading, harmful to the LGBTQIA+ community's dignity, and inciting violence. Despite filing complaints, the petitioners claimed no action had been taken, leading them to seek relief from the High Court.

The Court, taking note of the petitioners' concerns, instructed the Government Pleader to gather information on prior complaints and directed the State Police Chief to submit an action taken report within three weeks. The High Court's proactive stance highlights the growing need for legal measures to combat cyberbullying and protect marginalized communities in the digital landscape.

Author: Anushka Taraniya

News Writer, MIT ADT University