Delhi HC: Piercing a Girl Child’s Ears Is Not Child Abuse, Defamation Case Goes in Gaurav Taneja’s Favor
The Delhi High Court recently ruled that piercing a girl child’s ears does not amount to child abuse, and has ordered Mint newspaper to take down a defamatory article about YouTuber Gaurav Taneja and his wife Ritu Rathee.
The article in question, published on May 8, criticized a video posted by Taneja where he was seen filming his wife piercing their elder daughter’s ears. The video received backlash online, and the article accused the couple of child abuse.
The Court firmly stated, “Piercing the ears of a girl child cannot be considered child abuse. Such serious allegations should not be made without proper evidence or verification. They cannot rely solely on the author’s opinion.”
The Court also directed journalist Abhishek Baxi to delete his tweet sharing the article and ordered him not to post or circulate any similar defamatory content against the couple on social media or any online/offline platform.
While the Court acknowledged the right to free speech and criticism, it said: “Freedom of speech does not allow people to make personal attacks disguised as journalism. In my initial view, the videos do not support any claim of child abuse.”
The article also highlighted a scene where their daughter asked not to be recorded during the ear piercing, but Taneja allegedly replied, “why not!” It further claimed the child was visibly in pain while the video zoomed in on her reaction.
Earlier, a lower court had dismissed Taneja’s defamation suit. However, when they approached the High Court, the plaintiffs argued that the article and tweets damaged their reputation and affected their professional partnerships with sponsors.
The Court agreed, noting: “There is a clear case made by the plaintiffs. If the article and tweets remain online, they can continue to cause harm to their image and career. The balance of convenience is in favor of the plaintiffs.”
Therefore, the High Court passed an interim order instructing Mint and the journalist to remove the defamatory article and tweets immediately.
Case Title: Gaurav Taneja & Ritu Rathee vs Mint Newspaper & Abhishek Baxi
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