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The court observed that the content, circulated on YouTube, Facebook, and Instagram, was prima facie defamatory and also insulting to persons with disabilities
The High Court directed the petitioners to approach the grievance officers of the platforms concerned within a week. (File)
The Lucknow Bench of the Allahabad High Court recently directed government authorities and major social media platforms to act swiftly against defamatory content online, after a plea alleged that a YouTuber’s video targeted Padma Vibhushan awardee Swami Ram Bhadracharya with abusive and derogatory remarks.
A bench of Justice Sangeeta Chandra and Justice Brij Raj Singh passed the order on September 17, in a petition filed by eight disciples of the saint. The court observed that the content, circulated on YouTube, Facebook, and Instagram, was prima facie defamatory and also insulting to persons with disabilities, thereby warranting immediate intervention.
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The plea alleged that Shashank Shekhar, editor of Bedhadak Khabar in Gorakhpur, had uploaded a video on August 29, 2025. According to the petitioners, the video carried baseless and insulting claims, undermining the reputation of the blind scholar, author, and Chancellor of the Jagadguru Swami Ram Bhadracharya Divyang Vishwavidyalay in Chitrakoot.
Swami Ram Bhadracharya, who overcame blindness from infancy to emerge as a leading Sanskrit authority, was conferred with the Padma Vibhushan in 2015 and the prestigious Gyanpeeth Award in 2025. His followers argued that the derogatory portrayal not only harmed his standing but also mocked the dignity of disabled persons in general.
The petition sought sweeping directions from the High Court, including invocation of Section 98 of the Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023 to censure and ban the video. It also urged the court to mandate stricter grievance redressal mechanisms for social media platforms, initiate statewide sensitisation on disability rights, and enforce legal provisions against online abuse.
The plea cited multiple statutes: Sections 196, 197, 294, 295, 299 and 302 of the Bhartiya Nyaya Sanhita, 2023; Sections 67A and 67B of the Information Technology Act, 2000; Sections 3 and 4 of the Indecent Representation of Women’s Act, 1986; and Sections 3, 7 and 92 of the Rights of Persons with Disabilities Act, 2016.
During the hearing, the Union government’s counsel said instructions had not yet been received from the Ministry of Information and Broadcasting. However, the Department of Empowerment of Persons with Disabilities acknowledged that the State Commissioner was empowered under the 2016 Act to act on such complaints.
The bench noted that the petitioners had earlier issued a cease-and-desist notice on September 3, 2025, but no action followed, either from the authorities or from platforms like Facebook, Instagram, Google, and YouTube.
The Court observed that the video annexed to the petition was sufficient for the State Commissioner for Persons with Disabilities in Lucknow to initiate proceedings against Shashank Shekhar. It further reminded that under the Information Technology (Intermediaries Guidelines and Digital Media Ethics Code) Rules, 2021, intermediaries are bound to remove unlawful content upon grievance.
The High Court directed the petitioners to approach the grievance officers of the platforms concerned within a week. The companies, once notified, must ensure immediate removal of the content. The State Commissioner has also been instructed to issue notice to Shekhar, hear his explanation, and take appropriate action under the law.
Petitioners have been told to serve notices to all respondents, including the State of Uttar Pradesh, the Union Ministry of Information and Broadcasting, and the Department of Empowerment of Persons with Disabilities, and file proof of service within two weeks.
The matter has been listed for further hearing on October 8.
About the Author
Salil Tiwari, Senior Special Correspondent at Lawbeat, reports on the Allahabad High Court and courts in Uttar Pradesh, however, she also writes on important cases of national importance and public interests fr…Read More
Salil Tiwari, Senior Special Correspondent at Lawbeat, reports on the Allahabad High Court and courts in Uttar Pradesh, however, she also writes on important cases of national importance and public interests fr… Read More
September 22, 2025, 17:34 IST
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