The Bombay High Court is currently hearing a case concerning the unauthorized use of a woman’s photograph in government advertisements and political campaigns. The petitioner, Namrata Ankush Kawale, has alleged that her image was used without her consent in various promotional materials for government schemes and private entities, violating her fundamental right to privacy. She contends that the misuse of her photograph stems from a photographer, Tukaram Nivrutti Karve, who captured her image in her village and later uploaded it on Shutterstock, a US-based stock photo website. The unrestricted availability of the photograph on this platform led to its unauthorized use by multiple State governments, political parties, and private entities.
A Bench of Justice G.S. Kulkarni and Justice Advait M. Sethna, upon hearing her plea on March 10, acknowledged the gravity of the matter, particularly in the context of widespread digital accessibility and social media. The Court has sought responses from Karve, Shutterstock, and the various government and private entities that allegedly misused the image, including the State governments of Maharashtra, Karnataka, Telangana, and Odisha, as well as the Telangana Congress Party and the Union Ministry of Rural Development. The Court observed that the alleged exploitation of her image for commercial and political gains, without her knowledge or consent, raises significant legal and ethical concerns. It emphasized that public figures and private individuals alike are entitled to protection against the unauthorized use of their likeness.
Kawale has requested a permanent injunction to prevent further unauthorized use of her photograph in advertisements, social media, or any promotional materials by the respondents. Additionally, she is seeking legal action against those responsible for this breach of privacy, arguing that such violations by government and corporate bodies reflect a concerning disregard for personal rights. The Court has taken note of the prima facie merit in her claims and expressed concern over the commercialization of an individual’s image without their consent. The case has been scheduled for further hearing on March 24, with the Court directing all involved parties to respond to the allegations.
