Right to be forgotten: Karnataka High Court directs authorities to mask acquitted womanâs name from online records
Emphasising the âright to be forgottenâ in the digital age, the High Court of Karnataka has directed search engines and judicial record-keepers to mask the
Emphasising the âright to be forgottenâ in the digital age, the High Court of Karnataka has directed search engines and judicial record-keepers to mask the name of a woman, who was acquitted back in 2019 of charges under the Immoral Traffic (Prevention) Act, 1956, from online records. âIn an age where a few keystrokes often substitute for human inquiry and digital search results frequently shape public perception, the continued visibility of an obsolete accusation inflicts a civil consequence far graver than the criminal proceedings themselves,â the court observed. Justice M. Nagaprasanna directed registrars of the High Court of Karnataka, Bengaluru City Civil Court, the State police, Google, and Indian Kanoon portal, to mask the petitioner-womanâs name from their digital records pertaining to the case.
This direction enables the Internet to âforgetâ the individualâs association with the crime, allowing her to live a life free from the stigma of an obsolete accusation. Iranian petitioner The petitioner, an Iranian national, was one of the four accused prosecuted in 2013-14 for indulging in a prostitution racket through websites. However, all the accused were acquitted in 2019 by the trial court on finding several serious lapses by the police, including delayed registration of First Information Report and lack of sufficient evidence. Subsequently, the petitioner, who had come to India on a student visa from Iran, approached the United Nations seeking recognition as a refugee.
She was given refugee status and permanent residence in Sweden, where she is residing at present. Digital spectre However, during her online search, she found her name linked to the crime in which she was acquitted and that prospective employers conducting routine background checks were confronted with the digital spectre of criminal prosecution, effectively âeclipsing the judicial vindicationâ she had received. This digital footprint, the High Court said, caused âgrave prejudiceâ to her life. Stating that an acquittal is not just a procedural formality but a âsolemn judicial declarationâ of innocence, the High Court said that âthe law cannot permit a situation where the acquittal risks becoming a paper declaration, bereft of any meaningful consequence in the lived realities of the individual.â âOpening floodgatesâ Dismissing concerns expressed on behalf of the High Courtâs registry for masking the name from the court records citing that granting such relief would âopen floodgatesâ, Justice Nagaprasanna stated, âIf the so-called Pandoraâs box is opened by the enforcement of a fundamental right, so be it...
