Right to be redacted: HC to study status of an acquitted man

Right to be redacted: HC to study status of an acquitted man

K.Kaushik@timesgroup.com

Madurai:17.07.2021 

As a simple Google search can make or mar a person’s character, his/her name should be redacted (obscured for legal or security purposes) from judgments if he/she is acquitted in a criminal case, the Madras high court has opined.

Invoking an individual’s right to privacy and the right to be forgotten, Justice N Anand Venkatesh said a Google-search would bring up court judgments, and a person’s name would be shown against alleged crimes even after he was acquitted of all judgments. However, considering the deep ramifications a redact order would bring along, the high court has chosen to hear the views of members of the Bar, including the prosecution, before passing a detailed order on the issue.

A man who was tried for rape and cheating, was convicted and sentenced by a trial court in 2011, but he was acquitted of all charges by the high court in 2014. He has now approached the high court for redacting his name from the judgment.

Justice Anand Venkatesh observed that the petitioner is now facing a very peculiar problem as his name gets reflected in the judgment as an accused, though he was acquitted of all charges. “Unfortunately, whoever types the name of the petitioner in Google-search is able to access the judgment of this court. According to the petitioner it causes a serious impact on his reputation in the eyes of the society,” he said.

Agreeing with the man’s contention, the court said, “today, the world is literally under the grips of social media,” adding that the background of a person is assessed by everyone through Google-search and the first impression is created depending upon the data that is provided. “It will make or mar the characteristics of a person in the eyes of the society,” observed Justice Anand Venkatesh.

The existing laws protect the identity of women and child victims, and their names are not reflected in any order passed by a court, the judge said, adding: “This right has not been extended to an accused person who ultimately is acquitted from all charges.”

The judge further observed it is also brought to the notice of this court that when a similar issue came up before the Delhi high court recently, interim orders were passed directing the websites concerned to redact the name of the petitioner. “It is also informed to this court that a new right called the ‘Right to be Forgotten’ is sought to be included in the list of rights that are already available under Article 21 of the Constitution,” he said.

Justice Anand Venkatesh then observed that though the court found that there was a prima facie case made out by the petitioner and that he was entitled for redacting his name, “this court wants to hear counsel appearing for the respondents and also the members of the Bar and understand the various ramifications before writing a detailed judgment on this issue.”

The judge requested the assistance of the Bar members in this case and posted the case to July 28 for further hearing.