Right to be forgotten of a rape case acquitted upheld by madras HC
Last Updated on March 7, 2024 by News Desk
Issue:– A petition was filed by a man who was convicted by a trial court under the section of the IPC which were sections 417 and 376 but he was later acquitted of it.
Analysis:– He later approached the division bench which challenged the previous decisions of the single bench. He mentioned in his plea that the right to be forgotten is inherent under Article 21 of the Constitution.
The court registry had opposed his plea but the bench comprised of Justice Sumanth and Vijayakumar said that while the sanctity of the legal records cannot be diluted the court records the task of balancing the task of aggregation of data as well as the protection of the personal data must be done.
The bench comprised of Justices Anita Sumanth and R Vijayakumar had also given the order web portal Indian Kanoon to take down the judgment’s copy which contained the name and personal details.
The right to be forgotten principle was recognized by the court as the courts are the service institutions of the country to carry out justice and can’t remain silent to it.
Conclusion:- The Madurai Bench of the Madras HC observed that the name and personal details of a person acquitted in a rape case are to be deleted from the court orders and the judgments.
Written By:- Shianjany Pradhan (@SHIANJANYPRADHAN)
