In a significant legal move, the Bombay High Court has taken a stand against the unauthorized commercial use of a woman’s photograph in government advertisements, issuing notices to the Centre and the state governments of Maharashtra, Telangana, Karnataka, and Odisha. The court’s decision came in response to a petition filed by Namrata Ankush Kawale, who argued that her photograph was used without her consent.
Justice G S Kulkarni and Justice Advait Sethna, presiding over the case, described the issue as “quite serious” in today’s digital and socially interconnected era. They noted that the exploitation seemed prima facie commercial, given the widespread unauthorized use of Kawale’s image.
According to Kawale, her photograph was initially taken by Tukaram Karve, a local photographer who then uploaded it to Shutterstock.com, a platform known for hosting royalty-free stock photos. Unbeknownst to her, this led to its widespread use across various government and private sector advertisements, including those by the Union Ministry of Rural Development and Total Dental Care Pvt Ltd.
Highlighting the gravity of the situation, the High Court has also issued notices to Shutterstock and the Telangana Congress, seeking affidavits from all parties involved. The matter has been posted for a further hearing on March 24.
Kawale, in her plea, emphasized the violation of her fundamental rights due to the unauthorized use of her image. She has sought a permanent injunction restraining all respondents from using her photograph across any platforms, including websites, social media, and in any promotional materials.
