Court Orders Immediate Removal of Degrading Images, Upholds Right to Dignity Under Article 21
In a significant judgment delivered by the Rajasthan High Court on January 20, 2026, Justice Farjand Ali addressed the alarming practice of police authorities photographing arrestees in humiliating conditions and disseminating these images across social media and newspapers. The case, Islam Khan v. State of Rajasthan, has drawn attention to the infringement of fundamental rights guaranteed under Article 21 of the Constitution of India, which ensures the right to life and dignity.
The court heard a writ petition filed by Islam Khan and others, highlighting the disturbing trend where accused individuals, including women, are photographed in degrading conditions at police stations. These images are then circulated, tarnishing their reputation without any adjudication of guilt by a competent court. The petition alleged that in some instances, accused persons were forced to strip to their undergarments before being photographed.
Justice Ali emphasized that the right to dignity does not dissipate upon arrest. He asserted that even those accused of crimes retain their constitutional rights, including the presumption of innocence. The practice of public humiliation through such photographs was deemed an assault on human dignity and a violation of constitutional morality and the rule of law.
The court directed the immediate removal of these photographs from all media platforms. The Superintendent of Police, Jaisalmer, and the Commissioner of Police, Jodhpur, were instructed to ensure compliance within 24 hours and to report back to the court. Additionally, the court called for a detailed response and institutional safeguards to prevent future occurrences of such incidents.
This decision reinforces the judiciary's role as a protector of constitutional liberties, especially concerning the fundamental rights of individuals, irrespective of their legal status. The court's ruling underscores the importance of upholding human dignity and preventing misuse of authority by law enforcement agencies.
Bottom Line:
Police authorities cannot publicly humiliate accused individuals by photographing them in degrading conditions and circulating such images on social media or newspapers, as it constitutes a violation of fundamental rights guaranteed under Article 21 of the Constitution of India.
Statutory provision(s): Article 21 of the Constitution of India
Islam Khan v. State of Rajasthan, (Rajasthan) : Law Finder Doc Id # 2841979
