Take down post revealing minor rape victim's identity: Delhi HC to Rahul Gandhi
New Delhi, Dec 21: The Delhi High Court on Thursday asked Congress leader Rahul Gandhi to take down his social media post which revealed the identity of a minor Dalit girl, raped and murdered in 2021, so that the child's identity is protected worldwide.
In the post, which stands geo-blocked by social media platform X in the country, Gandhi published a photograph with the parents of the nine-year-old Dalit girl who died under suspicious circumstances on August 1, 2021, alleging that she was raped, murdered and cremated by a crematorium's priest in southwest Delhi's Old Nangal village.
Following the post, Gandhi's account was suspended by the social media platform for some time but it was subsequently restored.
A bench headed by Acting Chief Justice Manmohan Thursday observed although the post was stated to have been taken down by X, it continued to be available outside India and asked the counsel for Gandhi to have it removed.
"If we have to protect the identity of the victim, it is necessary it is done all over the world," the court said.
"Why don't you take it down? Please take down your post because worldwide it must come down. Please seek instructions...otherwise it will be picked up by press all over the world. It can't be done like this. Please get it down," the bench, also comprising Justice Mini Pushkarna, told Gandhi's counsel advocate Tarannum Cheema.
The court was hearing a 2021 petition by social activist Makarand Suresh Mhadlekar seeking registration of an FIR against Gandhi for revealing the identity of the victim by publishing a photograph with her parents on X, formerly called Twitter.
In response to the petition, the Delhi Police said the petition has become infructuous after an investigation was ordered and the post made unavailable in India, and sought permission to file a status report in a sealed cover as it did not want to "scandalise" the matter.
Delhi government lawyer Santosh Kumar Tripathi said unless the main crime of rape was proven, the subsequent act of publishing the identity of an alleged victim does not become a crime and investigation on the issue of revelation of the victim's identity by Gandhi was underway.
"The petition does not survive. It has become infructuous. Investigation has been ordered," he said.
The court granted four weeks' time to police to file a status report in a sealed cover.
Counsel for the National Commission for Protection of Child Rights (NCPCR) contended that the identity of a victim of sexual assault has to be protected from the moment the crime comes to light and the protection does not come into force after the trial has concluded.
The NCPCR earlier said there are no exceptions to the law protecting the identity of minor victims of sexual offences, and "police must register an FIR and take consequential action".
The counsel for the family of the child victim raised objections with respect to the discussion on the criminal case in an open court.
Senior advocate Mahesh Jethmalani, appearing for the petitioner, also opposed the police's stand, saying the agency failed to understand the seriousness of the matter and the identity of the child has to be protected even at the stage of allegations.
It was also emphasised that the content continued to be available and was withheld only in India.
X's counsel said the removal of the post worldwide involved issues concerning extraterritorial application of Indian laws.
On October 5, 2021, a bench headed by then Chief Justice DN Patel had issued notice to Twitter on the petition which alleged that Gandhi was "attempting to take political mileage out of the unfortunate incident".
The court had then refused to issue notice to other respondents, i.e. Gandhi, the Delhi Police and NCPCR on the public interest litigation (PIL) at that stage.
The petitioner has alleged that Gandhi violated the Juvenile Justice (Care and Protection of Children) Act, 2015 and Protection of Children from Sexual Offences Act, 2012, which prohibit the disclosure of identity of minor victims of sexual offences.
The plea also sought initiation of appropriate legal action against Gandhi by NCPCR.
The matter would be heard next in January.
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Karnataka to approach SC seeking permission to continue MGNREGA
Bengaluru (PTI): The Karnataka Cabinet on Thursday decided to approach the Supreme Court seeking permission to continue implementation of MGNREGA in the state, contending that the Centre had repealed the rural employment guarantee law without consultation and failed to put in place any alternative mechanism under the VB-G RAM G Act.
Briefing reporters after the Cabinet meeting, Karnataka Law and Parliamentary Affairs Minister H K Patil said the state would immediately move the apex court seeking permission to prepare and implement the annual action plan for rural employment works, while also challenging what it described as an infringement on the constitutional rights of states.
The parliament passed VB-G RAM G in December that replaces MGNREGA.
Patil explained that the Cabinet decided to approach the court seeking permission for the State Government to prepare an action plan in this regard. Since the Centre’s stand interferes with the constitutional rights of state governments, the Cabinet has also decided to challenge this issue before the appropriate court
“There are two points here. One is that they have come in the way of our constitutional right of providing the right to work. That has been halted, and, therefore, the State Government has decided to approach the Supreme Court. The second point is that the Government of India has not provided any alternative,” the Minister said.
The Central Government has not yet issued a notification to implement the VB-G RAM G Act, nor has it made any alternative arrangements and hence continuing Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) is unavoidable in the public interest, the Minister said.
“Therefore, in the interest of the public, farmers and agricultural labourers, we must continue MGNREGA. For that purpose, the Cabinet has decided to approach the court seeking permission for the State Government to prepare the action plan for this year,” he added.
The Minister also said the Centre had only permitted continuation of pending and spillover MGNREGA works without releasing grants or announcing a fresh action plan.
“The Centre itself has said that pending, spillover and half-done MGNREGA works can continue. That means MGNREGA is actually still functioning in practice. But there is no new action plan,” he said.
Patil said the state had already passed a resolution on the issue, while Chief Minister Siddaramaiah had written to the Prime Minister and the Rural Development Minister had held discussions with Union Ministers.
Replying to questions, the minister said the state would move court “as immediately as possible.”
He clarified that the state was seeking permission to formulate and implement this year’s action plan under the existing framework.
“What we are asking the Supreme Court is to allow us to have the action plan for this year and implement it,” he said.
The Cabinet also held detailed discussions on the final report submitted by the State Education Policy Commission headed by former UGC chairman Professor Sukhadeo Thorat.
Patil said a Cabinet sub-committee would be constituted to examine the report and recommend measures for implementation.
“No decision has been taken yet. The Cabinet sub-committee will recommend what should be accepted and what should be modified,” he said.
He said the report comprised around eight volumes and covered issues relating to financial implications, human resources, curriculum reforms, deemed universities, unitary universities and newly established universities. The Chief Minister has been authorised to constitute the sub-committee.
The Cabinet also approved the Karnataka Motor Transport and Other Related Workers’ Social Security and Welfare Amendment Bill, 2026, transferring welfare administration of transport-related workers from the Labour Department to the Transport Department.
The Cabinet further approved establishment of three new industrial estates in Kalaburagi, Yadgir and Surpur under the Karnataka State Small Industries Development Corporation and Kalyana Karnataka Region Development Board schemes at an estimated cost of Rs 200 crore.
The Cabinet also approved amendments to Karnataka Civil Services (General Recruitment) Rules, 2026, providing two per cent reservation in state civil services appointments for sportspersons.
