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The right to hold a telephone conversation in the privacy of one’s home/office without interference can certainly be claimed as a “Right to Privacy.”
Late Justice K.S. Puttaswamy played a crucial role in the recognition of the Right to Privacy as a fundamental right.
The Court held that “the prosecution of the petitioner is sugarcoated with ill-intention and made to belittle his image in the society.”
“The legislative intent through Section 509 is to deter an action capable of shocking the sense of decency of a woman. The manner in which the offender shocks such sense of a woman is not restricted to oral abuse or gesture alone, but also include statements, speeches, exclamations, notes, all of which could be in a text form relayed whether physically or electronically.”
Celebrating the 78th Independence Day by revisiting the most historical legal achievements of the country
The right to freedom of expression of the press in the present case must give way to the right to privacy of the plaintiff, especially when he has been exonerated of all the allegations leading to his honourable acquittal.
A quick legal roundup to cover important stories from all High Courts this week.
Madras High Court made the Superintendent of Police of the District concerned responsible if the identity of the minor victim girl or the personal details are revealed to the outside world.
There was no occasion for the State to file the present appeal, as once it is on record that the prosecutrix was living happy married life with the respondent, then, this Court cannot shut its eyes to the ground reality and disturb the happy family life of the respondent and the prosecutrix.
The Court was considering whether a bail condition requiring an accused to share Google Maps Pin with the investigating officer to access his location violates right to privacy guaranteed under Article 21 of the Constitution.
The Court highlighted that in the current digital age, a woman’s modesty can be railroaded by sheer circulation of pejorative statements, pictures or videos in the social media.
The Court stated that to speak or not to speak has always been a dilemma for a person called for giving his statement before the Customs Officer, Central Sales Tax Officer, Police Officer etc, as the implications are serious.
Sitting Judge of the Supreme Court of India, Justice Pankaj Mithal began his tryst with law in the 1980s.
Mere erasure of the name of the petitioner in the cause title, does not mean that he is entitled to seek such erasure from the police records. “The direction would be only to enable the internet to forget, like the humans forget. If it is allowed to stay on record, the internet will never permit the humans to forget”.
Rahul Gandhi informed the Delhi High Court that he has taken down the tweet from 2021 that allegedly disclosed the identity and sensitive details about a minor girl.
Calcutta High Court held that petitioner’s delay in initiating the root search impacts the availability of certain documents, and no penal action can be taken against the adoption agency for the absence of the surrender deed.
This year was very busy for the Supreme Court’s Constitution Bench as it dealt with the maximum number of cases and decided major matters like Article 370; Same sex marriage; Maharashtra political crisis; and more
“The High Court balanced the right to privacy of police officials with the accused’s right to a fair trial, emphasizing that accessing electronic records crucial for defence did not compromise the former unduly.“
“Right to privacy of Aadhaar number holder preserves the autonomy of the individual’s right to privacy which has been conferred primacy and admits of no exception under the statutory scheme”.
“Thrusting upon a woman the guilt of having killed a child without any proper evidence, simply because she was living alone in the village, thereby connecting with one another two unrelated aspects; reinforces the cultural stereotypes and gendered identities which the Court has explicitly warned against.”