The Kerala High Court considered a petition filed by former Director General of Police R. Sreelekha seeking to quash a First Information Report registered against her under provisions of the Protection of Children from Sexual Offences Act and other legal provisions. The case was registered following allegations that she revealed the identities of victims involved in sexual assault cases through content published on her YouTube channel and blog. The High Court issued notice in the matter and sought responses from the concerned parties while listing the petition for further consideration.
The FIR was registered by the Museum Police Station in Thiruvananthapuram after a private complaint was filed before a judicial magistrate by a civil rights activist. The magistrate court forwarded the complaint to the police for investigation, which resulted in the registration of the criminal case. According to the complaint, Sreelekha had disclosed the names of victims connected with sensitive sexual assault cases through discussions and commentary shared on digital platforms. These allegations formed the basis for invoking provisions of the Protection of Children from Sexual Offences Act along with other relevant legal provisions dealing with the disclosure of victims’ identities.
The complaint alleged that Sreelekha revealed the identities of victims connected with widely known sexual assault cases including the Kiliroor and Kaviyoor cases. It was alleged that through her YouTube videos and blog posts she mentioned names and other identifying details relating to victims involved in those incidents. The complaint further alleged that she referred to the name of a survivor in a case investigated by the Kuruppampady police station. These actions were alleged to constitute a violation of legal provisions that prohibit the disclosure of the identities of victims of sexual offences, particularly in cases involving minors.
The complainant also alleged that the content published by Sreelekha included references to personal details that could potentially lead to the identification of survivors. According to the complaint, the names of victims as well as the names of their parents were mentioned in online content. It was argued that such disclosures violate the legal prohibition against revealing the identities of victims of sexual offences. Laws governing the protection of survivors impose strict restrictions on the publication or broadcast of information that could reveal the identity of victims, particularly in cases involving children.
Following the registration of the FIR, Sreelekha approached the High Court seeking to have the case quashed. In her petition, she contended that the allegations against her were incorrect and that she had not revealed the identities of any minor victims in her videos or blog posts. She maintained that the content published on her platforms did not disclose the identity of any child victim and therefore the provisions of the Protection of Children from Sexual Offences Act could not be invoked against her. According to the petition, the FIR was legally unsustainable because the essential ingredients necessary for invoking the provisions of the Act were not present.
Sreelekha also argued that the magistrate court had forwarded the complaint for investigation without giving her an opportunity to be heard. She contended that the magistrate should have issued notice to her and provided an opportunity for her to present an explanation before directing the registration of a criminal case. According to her petition, the proceedings that led to the registration of the FIR were initiated without following this step, and she therefore questioned the legality of the action taken by the magistrate court.
Another argument raised in the petition concerned the nature of the incidents referred to in the videos and blog posts that formed the basis of the complaint. Sreelekha contended that the cases discussed in the content did not involve minor victims and therefore the provisions of the Protection of Children from Sexual Offences Act were not applicable. She argued that the allegations incorrectly assumed that the victims in the cases referred to were minors, even though the incidents discussed did not involve child victims. On this basis, she maintained that the Act could not be applied to the circumstances described in the complaint.
The petition further challenged the legal basis of the FIR by asserting that the complaint did not disclose any prosecutable offence warranting investigation. According to the petition, the allegations contained in the complaint were insufficient to establish the commission of an offence under the relevant provisions of criminal law. On this basis, Sreelekha sought the intervention of the High Court to quash the FIR and prevent further proceedings in the matter.
The background of the case includes allegations that Sreelekha had discussed sensitive sexual assault cases through videos posted on her YouTube channel. The complaint stated that these discussions included references to incidents such as the Kiliroor and Kaviyoor sexual assault cases and other cases involving allegations of sexual violence. According to the complainant, the way in which these cases were discussed in the videos resulted in the disclosure of identifying information relating to the survivors. This formed the central basis of the complaint seeking criminal action against her.
In response to the allegations, Sreelekha maintained that the charges against her were not legally sustainable. She stated that she had not revealed the identities of any minor victims and therefore the provisions of the Protection of Children from Sexual Offences Act had been wrongly applied in the case. She also argued that some of the incidents referred to in the complaint occurred before the enactment of the Act and therefore its provisions could not be applied retrospectively. According to her, applying the provisions of the Act to incidents that occurred before its enactment would be contrary to the principles governing the retrospective application of criminal law.
When the matter was taken up for consideration, the High Court issued notice to the complainant and sought responses from the relevant parties involved in the case. The Court directed that the matter be listed for further hearing at a later stage. At this stage of the proceedings, the Court did not grant any interim relief staying the investigation in the case, and the matter was scheduled to be considered further after responses were received.
The proceedings before the High Court concern the legal question of whether the allegations made in the complaint constitute offences under the provisions of the Protection of Children from Sexual Offences Act and other applicable criminal laws. Laws governing the protection of survivors’ identities impose strict restrictions on the publication or dissemination of information that could lead to the identification of victims of sexual offences. These provisions aim to safeguard the privacy and dignity of survivors and to prevent further harm that may arise from public disclosure of their identities.
The Court’s consideration of the petition will involve examining the allegations contained in the complaint, the content of the videos and blog posts referred to in the case, and the legal arguments raised by the petitioner regarding the applicability of the relevant statutory provisions. The outcome of the proceedings will determine whether the FIR registered against Sreelekha will continue to be investigated or whether it will be quashed as requested in the petition.
The matter remains pending before the High Court for further consideration. The Court is expected to examine the responses filed by the concerned parties and evaluate the legal issues raised in the petition before deciding whether the FIR can legally be sustained.
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