LEX ASPIRANTS

Right to be forgotten is the right of every individual not to be injured out of another’s acts of constant recalling of past deeds. Now the above said doctrine has been used to uphold the reputation of persons by removing the private information about him from internet sites and social Medias. Shakespeare made it clear in Othello: Act II, Scene iii that a good name, or reputation, is valuable for its owner. Stealing the reputation of one, does not make another rich. But he, who loses reputation, suffers damage. In 2019, through the personal date protection Bill the right to privacy has been a legally accepted recognizable right. But the bill has not been passed yet. After the decision on ‘Right to Privacy’ rendered by the Supreme Court of India in J. KS Puttaswami v. Union of India,  (2017) 10 SCC 1 , various High Courts upheld the rights arising from ‘right to be forgotten’, based on the dogma on ‘Right to Privacy’. The following are the land-mark decisions on ...

Encounter Killings violate the fundamental rights of criminals as every person has a right to life and liberty which can only be deprived following the procedure established by law under Article 21 of the Constitution. This right extends to all persons without exception, including a fair investigation and trial even if a person is accused of a heinous crime thereby safeguarding the equality before law under Article 14. There is a procedure prescribed by the law for criminal investigation which is embedded in the Constitution under Article 21 as the Right to Life and Personal Liberty. It is fundamental, non-derogable, and available to every person. Even the State cannot violate that right. Hence, it is the responsibility of the police, being the officers of the State, to follow the Constitutional principles and uphold the Right to Life of every individual whether an innocent one or a criminal.   In Gian Kaur vs The State Of Punjab held, the right to life does not include the ri...

The part III of the constitution enshrines the backbone of our democratic system which is the fundamental rights. Article 13 establishes the supremacy of fundamental rights by declaring that all laws which are inconsistent with or against fundamental rights shall be void to the extent of the inconsistency.   A law must incorporate the principles of natural justice and if a law deprives a person of his fundamental rights without complying with the rules of natural Justice could not be held as valid and it lacks reasonableness which is the core of the fundamental rights.    Article 21 of the constitution says that: “No person shall be deprived of his life or personal liberty except according to the procedure establish by law”. Also, personal liberty is one of the most important of all fundamental rights. The restriction upon freedoms can be only imposed if they are reasonable. Hence a restriction to be constitutionally valid must be satisfying the following 2 tests: 1...

  Most of us view privacy as an individual right.Time has come to look beyond. Priscilla M Regan in her seminal work “Legislating privacy”,  highlights the importance of developing and understanding of the social importance of privacy.She conceptualizes privacy as a value and as a goal of public policy. In this case,  A Petition filed under Article 226 of the Constitution of India,to issue a Writ of Mandamus to direct the second respondent to issue a No Objection Certificate to the petitioner to run a “SPA”. The petitioner herin is running a Spa in the name and style of “Queen Ayurvedic Cross Spa Centre” at Trichy. Originally, there was no law regulating the said business and no license was required from any governmental authority. Since vide Gazette Notification No.252 dated 16.07.2018, obtaining of license has been made mandatory, the petitioner applied for such license. Since no action was taken on his request, he filed this writ petition for directing the police au...

The Indian Constitution provides immunity to an accused against self-incrimination under Article 20(3).  It  provides that no person accused of any offence shall be compelled to be a witness against himself. It is based on the maxim " Nemon tenetur seipsum accusare " which means ‘ No one is obligated to blame himself. ’  This protection is also backed by various other principles of criminal law, which are as follows: Presumption – Accused to be innocent until proven guilty. Onus – Rests upon the head of the Prosecution to prove the guilty beyond reasonable doubt. Right to remain silent – Accused cannot be compelled to disclose any information against his will. In M.P. Sharma v. Satish Chandra AIR 1954 SC 300 court made a view that "to be witness is nothing more than to furnish evidence" and the court held  1. 'To be a witness' is not equivalent to 'furnishing evidence' in its widest significance; that is to say, as including not merely making of ora...