Imagine yourself going for a walk and Police Officer suddenly arrests you and takes you in his custody for committing rape under section 376 of Indian Penal Code while you were so busy in your own stuffs that you didn’t visit your friends. Now, the procedure will be followed and we all know how quickly the media declares you a convict and the more delayed judgement is given by the Judiciary.
Could you imagine how much you’ll suffer without committing any offence?
No one is going to help you come out of the trauma but they’ll remember you as a person being accused of rape and being convicted in their own mind.
The same instances happen with many out there. One of them went to Madras High Court and asked to react his name from Court proceedings as he has Right to be forgotten where he wasn’t declared guilty.
Fact – an accused was charge under section 417 (cheating) and Section 376 (rape) of Indian Penal Code. Later, he was acquitted from the charges.
But everyone was still able to google the case and the concerned judgement which is becoming a hurdle in his life. He considered it as violative of his right to privacy guaranteed under article , 21 of Constitution of India.
But the single judge bench comprising Justice N. Anand Venkatesh held that the right to be forgotten is not a right under article 21 of the Constitution of India because the Judicial Order of the court can’t violate the Fundamental Right of any person.
However, he observed that rules and regulations must be enacted to protect such people from fake acquisition.
So, the High Court of Madras refused to redact the name of that person from the Court of Records.
