Court holds public shaming of arrestees via photographs a violation of constitutional right to dignity and issues directives to police authorities.
Jaipur, India 21 January 2026: The Rajasthan High Court has taken strong exception to an alleged practice by police officers of forcing arrested individuals to sit for photographs, sometimes in humiliating conditions, and circulating those images in newspapers and on social media. The single-judge Bench of Justice Farjand Ali underscored that such conduct affronts fundamental rights under the Constitution.
Case Title & Petition
The matters before the Court include a writ petition filed by residents of Basanpeer Juni village in Jaisalmer, identified as Islam Khan & Ors. v. State of Rajasthan & Ors., and another similar incident involving a practicing advocate in Jodhpur.
Legal Issue
The central legal question before the High Court was whether the practice of photographing arrestees, including allegedly compelling them to sit at police station entrances or in partial dress, and disseminating those images publicly, violated fundamental rights such as the right to life and personal dignity under Article 21 of the Constitution.
Court’s Observations
In its 20 January 2026 order, the Court said that the right to dignity “does not evaporate upon arrest” and remains intact until guilt is established in a court of law. It described the practice of humiliating photography and wide circulation of images as “institutional humiliation” and a direct assault on human dignity and constitutional morality.
The Court noted allegations that arrestees have been made to sit on the floor or at the gate of police stations, and in some instances partially disrobed, before their photographs were taken and circulated across digital platforms and in print media. It emphasised that such actions risk permanently stigmatizing accused individuals, including women and unmarried persons, regardless of the eventual judicial outcome.
Directives Issued by the High Court
In response to the allegations, the Court issued interim directions to police authorities:
- Superintendent of Police, Jaisalmer was directed to file an affidavit addressing the allegations and to ensure the immediate deletion of the photographs and related content of arrested persons from newspapers, websites, and social media platforms.
- In the Jodhpur matter involving a practising advocate, the Commissioner of Police, Jodhpur was ordered to remove the advocate’s photographs from all online platforms within 24 hours and to submit a detailed compliance report.
- The High Court has scheduled further proceedings for 28 January 2026, where authorities are expected to explain the measures instituted to prevent recurrence of such incidents.
Reasoning of the Court
The High Court framed its reasoning around the constitutional principle that accused persons are presumed innocent until proven guilty. Publicly parading individuals as criminals before trial, and disseminating degrading images, was deemed antithetical to the rule of law and an affront to constitutional morality.
In emphasising the constitutional guarantee of dignity under Article 21, the Court held that forced photography and publication of images without conviction imposed “irreparable injury” to reputation, social acceptance, marriage prospects, and psychological well-being, consequences not cured even if the accused is later acquitted.
Practical Implications
- Police Practice Reassessment: The order may compel law enforcement agencies in Rajasthan to promptly revise operational protocols relating to arrest procedures, particularly the public handling of arrestees’ images.
- Human Rights Protection: The judgment reinforces judicial checks on custodial practices that could undermine fundamental rights while reaffirming that arrest does not strip an individual of basic human dignity.
- Public Safety and Privacy: The directions to delete existing photographs underscore a growing judicial emphasis on privacy and reputation protection against undue public exposure.
The judgment adds clarity on the constitutional limits on police conduct regarding photography of arrestees, affirming that the right to dignity and constitutional safeguards continue to apply after arrest, and mandating corrective measures to prevent violations in law enforcement practices.
