Right To Be Forgotten: HP HC Orders Masking Of Rape Accused’s Name After Acquittal
Right to Be Forgotten principle as applied by the Himachal Pradesh High Court in the case involving the masking of a rape accused’s name after acquittal:
What is the Right to Be Forgotten?
The Right to Be Forgotten is a concept that allows an individual to request the removal or masking of personal information from public access or digital records, especially when such information is outdated, irrelevant, or may cause undue harm or stigma. It is linked closely to the right to privacy and dignity under the Indian Constitution.
Background of the Himachal Pradesh High Court Case
The case involved a man accused of rape.
The trial court acquitted him due to lack of evidence.
The accused and the prosecutrix later married and have a child together.
Despite acquittal, the accused’s name remained visible in public and digital records related to the case.
Key Points from the HP High Court’s Order
Recognition of the Right to Be Forgotten:
The court acknowledged that the right to privacy under Article 21 of the Constitution includes the right to be forgotten, especially for acquitted persons.
Masking of Names:
To prevent irreparable harm, the court ordered that the names of the accused and the prosecutrix be masked or anonymized in all digital records and databases pertaining to the case.
Balancing Public Interest and Individual Dignity:
The court balanced the public’s right to know against the individual’s right to dignity and privacy, deciding in favor of protecting the accused’s identity post-acquittal.
Impact on Family:
The court considered the impact of continued exposure on the family life of the accused, especially their child, and emphasized protecting their welfare.
Why is this Important?
It safeguards individuals who have been acquitted from lifelong stigma.
It helps in rehabilitation and reintegration into society without prejudice.
It prevents misuse of digital records and media that can tarnish reputations unjustly.
Broader Legal Context
Similar orders have been passed by other High Courts like Delhi and Madras, progressively reinforcing the right to be forgotten in India.
The ruling aligns with the Supreme Court’s recognition of privacy as a fundamental right.
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