Can photograph of children be used for crowdfunding campaigns by private organisations?: Bombay HC asks Centre & State
The case pertains to a show cause notice issued by the Special Inspector of General Police, Prevention of Crime Against Women and Children to the petitioner as to why crime under section 76 of the Juvenile Justice (Care and Protection of Children) Act, 2000 should not be registered against them
A Division Bench of Bombay High Court comprising Justice P.B Varale and Justice N.R Borkar has issued notice to the Central Government and State Government in the writ petition filed by one, Impact Guru Technology Ventures.
The counsel for the petitioner argued that the petitioner is a private limited company and the primary object of the petitioner is to manage a technology platform, which enables patients to seek funds/ donations for medical treatment such as cancer, organ transplant, and other rare diseases; from friends, relatives and public at large through online fundraising.
Counsel for the petitioner also argued that the activity of the petitioner company is permissible under the National Policy for Rare Diseases 2021 and that there are government portals for crowdfunding and therefore, notice is misconceived. The counsel prayed for interim relief seeking protection from arrest since there is the likelihood of lodging of FIR and arrest of the petitioner
The Court after referring to clause 10 of National Policy for Rare Diseases 2021
“The caption under voluntary crowd funding for treatment, we are unable to find any material permitting either private organization or a company to display such information and photograph of the child which they are displaying on public platform”
The court issued notice to the Central and the State Governments to the writ petition seeking their reply on private organizations for displaying photographs of children on a public platform.
Case Title: Impact Guru Technology Ventures vs. Special Inspector & Ors.