Kerala HC calls cyber attacks on LGBTQIA+ persons a “serious issue”, orders govt action

The Kerala High Court on Friday, December 1, took strong exception towards the cyberbullying inflicted upon LGBTQIA+ persons in the state. Terming it a “very serious issue”, the court also said the authorities involved should take notice of the issue and take necessary action, and not doing so would lead to ‘certain sections’ of people being subjected to “great prejudice”. A single judge bench of Justice Devan Ramachandran was hearing a plea filed by LGBTQIA+ individuals and activists, including members of the Kerala-based NGO Dhisha, seeking action against a registered society named Youth Enrichment Society (YES) Kerala.

Justice Ramachandran reiterated the fact that every citizen has the 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,” he said.

The judge said the authorities should take action against the perpetrators in the issue so as to uphold accountability. “Cyberspace is no longer a myth, it is a reality. It is one where reputations of persons are easily attacked and deracinated and the perpetrators believe that they can do so without any accountability,” said the judge. 

This has to change, because  in a civilised world, the authorities are to acknowledge the issues involved and to take necessary repertory action, the judge stated, adding that otherwise it is possible that certain sections would be subjected to great prejudice.

The court further directed to issue a notice to YES Kerala on the matter and asked Government Pleader Sunil Kumar Kuriakose to obtain instructions from the Kerala government, Registration department, District registrar, and the State Police Chief, with regard to the actions taken or suggested. The court also directed the State Police Chief to look into the matter and take necessary steps, and to submit an action-taken report in this regard. The case has been posted for hearing after three weeks.

The petitioners had alleged that YES Kerala was “spearheading and spreading hate speech” against the LGBTQIA+ community under the guise of being a scientific and literary society. They also stated that a complaint filed with the district registrar was not paid heed to, leading YES Kerala to “freely, fearlessly, and profusely” spread hate speech against the community. They also submitted that cyber crimes are being committed against the community members through fake social media accounts.

Read: Trans man’s suicide in Kerala, concern over spread of queerphobic groups

They further argued that the organisation was perpetuating inhuman and derogatory remarks against the community, and that it violates Articles 14 (Equality before law), 17 (Abolition of Untouchability) and 21 (Protection of life and personal liberty), and Article 51A (e) (fundamental duty of promoting harmony and the spirit of common brotherhood), and 51A (h) (fundamental duty of developing the scientific temper, humanism and the spirit of inquiry and reform), as well as the Supreme Court ruling in NALSA (that granted the right to self-identification of gender identity) and Navtej Johar (that legalised consensual same-sex relationships) cases. Thereby, they sought the court to direct the state authorities to conduct an enquiry of their activities and cancel their registration, and to remove the unscientific and derogatory messages posted on social media.

YES Kerala claims it was launched with the intention of “protecting the younger generation” from “wokeism” and “rainbow propaganda”. Since its beginning, they have been sharing posts and stories alleging that queerness is unscientific, anti-religion, and anti-women. According to the profile available on YES Kerala's social media, the president of the organisation is Shibin TK. The group also conducts meetings and seminars claiming to ‘debunk’ LGBTQIA+ persons. TNM had also reported about how the organisation erected queerphobic and transphobic hoardings in Malappuram on the eve of Kerala Pride this year, and allegedly harassed transgender persons. 

Read: In Kerala, LGBTQIA+ persons are facing an organised hate campaign