Right To Be Forgotten: Kerala HC Asks Indian Kanoon To Remove Name Of Rape Victim From Judgment
8 years ago

Right To Be Forgotten: Kerala HC Asks Indian Kanoon To Remove Name Of Rape Victim From Judgment

Live Law  

The Kerala High Court has recently asked legal online search portal indiankanoon.com to remove the name of a rape victim from a Kerala High Court judgment published on the site.Justice Shaji P Chaly passed the interim order in a petition filed by a rape victim, who was aggrieved by the disclosure of her name and personal information in the judgments rendered by Kerala High Court in two. The Kerala High Court has recently asked legal online search portal indiankanoon.com to remove the name of a rape victim from a Kerala High Court judgment published on the site. Justice Shaji P Chaly passed the interim order in a petition filed by a rape victim, who was aggrieved by the disclosure of her name and personal information in the judgments rendered by Kerala High Court in two writ petitions filed by her seeking proper investigation into the complaint filed by her, pursuant to the rape committed on her by the accused. "The Apex Court has time and again held that in order to achieve the true purport and intent of enactment of Section 228A of the Indian Penal Code, 1860, it would be appropriate that in the judgments, be it of the Supreme Court, High Court or lower Court, the name of the rape victim should not be indicated.

Kerala High Court Judgment Court Information Rape Personal Information Indian Victim Kerala High Court Judgments Right High Petitioner Publication Rape Victim  hc  forgotten  judgment  kanoon  right  high  indian  petitioner  court  information  remove  rape  publication  victim  judgments  kerala

History of this topic

'Shame To The Profession': Kerala High Court Denies Anticipatory Bail To Lawyer Booked For Minor's Rape
1 week, 1 day ago

'Shame To The Profession': Kerala High Court Denies Anticipatory Bail To Lawyer Booked For Minor's Rape

Live Law  

The Kerala High Court has rejected the anticipatory bail application of a lawyer who allegedly committed rape on a minor girl. The Court observed that prima facie case was made out against the lawyer and that his bail application cannot be entertained due to bar under Section 482 of the BNSS. Court added “…if the prosecution case is patently false …

SC rejects petition seeking to withhold order on its website
1 week, 2 days ago

SC rejects petition seeking to withhold order on its website

Hindustan Times  

The Supreme Court on Thursday rejected a plea seeking to withhold an order from its website to protect the privacy of a warring couple, underscoring that all verdicts are routinely posted on the court’s website as standard practice and exceptions cannot be made arbitrarily. SC rejects petition seeking to withhold order on its website A bench comprising justices Vikram Nath, …

Clearing The Slate: Right To Be Forgotten After Acquittal In Digital Age
1 month ago

Clearing The Slate: Right To Be Forgotten After Acquittal In Digital Age

Live Law  

In an era dominated by digital platforms and the ubiquitous presence of the internet, the concept of the 'right to be forgotten' has emerged as a critical legal and ethical debate. Origin & Evolution of the Right to be Forgotten: While this notion of the 'right to be forgotten' has its roots in the French jurisprudence, it gained significant traction …

"Tarnishes Image Of Institution": Kerala High Court Expresses Concern Over FIR Against Former HC Judge CN Ramachandran Nair In CSR Scam Case
1 month, 1 week ago

"Tarnishes Image Of Institution": Kerala High Court Expresses Concern Over FIR Against Former HC Judge CN Ramachandran Nair In CSR Scam Case

Live Law  

The Kerala High Court has expressed its concerns against the registration of an FIR against former Kerala High Court Justice C N Ramachandran Nair as an accused in the CSR funds scam case. The Court expressed its concerns in a public interest litigation filed by advocates from the High Court for quashing the FIR to the extent that it identifies …

Continue sexual harassment probe in Malayalam film industry: SC to Kerala Police
1 month, 3 weeks ago

Continue sexual harassment probe in Malayalam film industry: SC to Kerala Police

Hindustan Times  

The Supreme Court on Friday dismissed petitions challenging last year’s order of the Kerala high court directing the police to register first information reports based on the Justice Hema Committee report made public in August last year. The apex court refused to stall the ongoing criminal proceedings initiated by the Kerala police into allegations of sexual exploitation of women actors …

Sexual assault survivors' names should remain confidential: Kerala High Court
2 months ago

Sexual assault survivors' names should remain confidential: Kerala High Court

India Today  

The Kerala High Court ruled it was improper to disclose the names of survivors in sexual assault cases, even if the complainants consented to it. Easwar had filed an anticipatory bail application seeking protection from police action after an actress warned of filing a complaint against him for making comments about her clothing choices. The High Court disposed of the …

Right To Be Forgotten: Punjab & Haryana HC To Decide If Accused Has 'Preferential Right' Over Society's Right To Know Involvement In Crime
3 months, 1 week ago

Right To Be Forgotten: Punjab & Haryana HC To Decide If Accused Has 'Preferential Right' Over Society's Right To Know Involvement In Crime

Live Law  

The Punjab & Haryana High Court will be deciding the legal question whether an accused or suspect has a preferential right to be forgotten over the right of the society to know about the involvement of any person in a criminal case. Justice Vinod S. Bhardwaj said, ".the legal issue that arises for consideration before this Court as to whether …

Kerala High Court Quashes Case Against Police Officer For Remarks Against Walayar Rape Victims, Asks DGP To Consider Action Against News Channel
6 months, 2 weeks ago

Kerala High Court Quashes Case Against Police Officer For Remarks Against Walayar Rape Victims, Asks DGP To Consider Action Against News Channel

Live Law  

The Kerala High Court has quashed the criminal case filed against Superintendent of Police M. P. Sojan for making distasteful comments against the child victims in Walayar rape case. The Counsel for the complainant said that in Section 23, the words “any person” which signifies that the provision is not just applicable to the media persons but any other person …

Kerala High Court to pronounce verdict on plea against making Hema committee report public on August 13
7 months, 2 weeks ago

Kerala High Court to pronounce verdict on plea against making Hema committee report public on August 13

The Hindu  

The Kerala High Court is set to pronounce its verdict on Tuesday on a petition filed by a film producer challenging the State Information Commission’s order to release contents of the Hema Committee report containing issues facing women in the Malayalam film industry. Arun reserved the order for August 13, 2024 after conclusion of the hearing on a petition filed …

Kerala High Court to pronounce verdict on plea against making Hema committee report public on August 13
7 months, 3 weeks ago

Kerala High Court to pronounce verdict on plea against making Hema committee report public on August 13

The Hindu  

The Kerala High Court on Wednesday reserved its verdict on a writ petition challenging the State Information Commission’s order directing the Kerala government to make public the Justice K. Hema Committee report on women’s working conditions in the Malayalam film industry with limited redactions. The Kerala Women’s Commission and the Women in Cinema Collective, which were impleaded in the case, …

Legally Speaking | Understanding the courts’ balancing act between the right to be forgotten and public access to info
8 months ago

Legally Speaking | Understanding the courts’ balancing act between the right to be forgotten and public access to info

Hindustan Times  

On July 24, 2024, the Supreme Court was faced with an interesting question: Does a person have the right to be forgotten? The HC adopted the principle of fresh start as envisaged under the Juvenile Justice Act while recognising the petitioner’s right to forget and noted, “A careful balance has to be achieved between the concept of Open Court and …

False Implication For Getting Back Money: Kerala High Court Quashes Criminal Proceedings Against Man Accused Of Rape
9 months ago

False Implication For Getting Back Money: Kerala High Court Quashes Criminal Proceedings Against Man Accused Of Rape

Live Law  

The Kerala High Court has held that in exceptional cases, the High Court by invoking its inherent powers under Section 482 of CrPC can even quash even criminal proceedings alleging the commission of an offence of rape under Section 376 of the Indian Penal Code. Therefore, by applying the principle holding the view that, in an exceptional case, even criminal …

Judicial officers should not identify rape victims during trial: Orissa High Court
11 months, 3 weeks ago

Judicial officers should not identify rape victims during trial: Orissa High Court

New Indian Express  

CUTTACK: Expressing serious displeasure over disclosure of identity of a minor rape victim in the deposition sheet at a trial court, a single judge bench of the Orissa High Court has directed the Registry, with the permission of Chief Justice, to circulate his judgment specifying the norms among the subordinate judiciary while dealing with such cases. The single judge bench …

Kerala Man sentenced to 51yrs imprisonment for rape of minor stepdaughter
1 year, 1 month ago

Kerala Man sentenced to 51yrs imprisonment for rape of minor stepdaughter

New Indian Express  

IDUKKI: A Kerala court on Wednesday convicted and sentenced a 40-year-old man to a cumulative 51 years imprisonment for the rape of his then 17-year-old stepdaughter in 2018 at their residence in Munnar here. Devikulam Fast Track Special Court judge Sirajudheen P A sentenced the accused to varying jail terms for offences under the Protection of Children from Sexual Offences …

Former Kerala govt pleader accused of raping client surrenders before police
1 year, 1 month ago

Former Kerala govt pleader accused of raping client surrenders before police

Hindustan Times  

Kochi: A former senior government pleader at the Kerala high court, accused of raping a sexual harassment survivor, surrendered before the local police in Ernakulam district on Wednesday after the Supreme Court rejected his anticipatory bail petition, people aware of the matter said. PG Manu, a senior government prosecutor, was booked by the Chottanikkara police in Ernakulam district in November …

Can't Prosecute Magistrate U/S 228-A IPC For Inadvertent Omission To Anonymize Rape Victim's Details: Kerala HC Emphasizes Judicial Caution
1 year, 3 months ago

Can't Prosecute Magistrate U/S 228-A IPC For Inadvertent Omission To Anonymize Rape Victim's Details: Kerala HC Emphasizes Judicial Caution

Live Law  

In a significant ruling, the Kerala High Court held that a Magistrate cannot be prosecuted under 228-A IPC on an inadvertent omission to anonymize the name and details of the victims based on an analysis of Section 228-A and the Judges Act, 1985. “This Court, therefore, suggests that, in matters like this, wherever petitions are filed by or against victims …

Kerala court acquits man in 5-yr-old’s rape-murder case
1 year, 3 months ago

Kerala court acquits man in 5-yr-old’s rape-murder case

Hindustan Times  

Kochi: A special Pocso court in Idukki district of Kerala on Thursday acquitted a man accused of raping and murdering a five-year-old girl in June 2021. The verdict of the special fast-track court in Kerala acquitting the 21-year-old man in the case has dealt a blow to the prosecution and the police as the incident had triggered outrage back then. …

Kerala High Court Directs Removal Of Female Litigant's Name, Details From Court Website, Says It Affected Her Reputation And Dignity
1 year, 3 months ago

Kerala High Court Directs Removal Of Female Litigant's Name, Details From Court Website, Says It Affected Her Reputation And Dignity

Live Law  

The Kerala High Court on Wednesday passed an interim order directing the Registry to remove name and details of a lady published on the court's website in connection with a matrimonial appeal, as it affected her reputation and dignity. Action in this regard shall be intimated to this Court in due course.” The petitioner, a well-known dentist in the Middle …

Allahabad High Court Expunges Identity Of Rape Victim After Inadvertently Revealing It
1 year, 6 months ago

Allahabad High Court Expunges Identity Of Rape Victim After Inadvertently Revealing It

Live Law  

The Allahabad High Court has directed its offices to ensure that the identity of a pregnant rape survivor, who approached it seeking medical termination of pregnancy, is concealed from all court records, including any and all communications and orders passed by the Court. A bench comprising Justices Salil Kumar Rai and Surendra Singh-I, while permitting the petitioner to undergo medical …

'Privacy Is The Core Of Human Dignity': Kerala High Court Orders Online Images Of Woman Facing Humiliation And Cyber Attacks Be Removed
1 year, 9 months ago

'Privacy Is The Core Of Human Dignity': Kerala High Court Orders Online Images Of Woman Facing Humiliation And Cyber Attacks Be Removed

Live Law  

The Kerala High Court recently directed the Director General of Police to take steps to remove online images and details of a woman who is a victim of offences under the Immoral Traffic Act, 1956. The Petitioner had approached the High Court for removal of online content having her name and images circulating on social media, which had resulted in …

Right To Be Forgotten | Kerala High Court Refuses To Expunge Remarks Suggesting Google To Use AI Tools To Remove Identifiers From Judgments Online
1 year, 11 months ago

Right To Be Forgotten | Kerala High Court Refuses To Expunge Remarks Suggesting Google To Use AI Tools To Remove Identifiers From Judgments Online

Live Law  

The Kerala High Court recently refused to expunge remarks from its Right to be Forgotten judgment, whereby it was opined that Google is not 'content blind' and it cannot shirk liability to remove judgments and content disclosing personal details of parties.The Division Bench comprising Justice A. Muhamed Mustaque and Justice Shoba Annamma Eapen dismissed the petition filed by the search. …

Sexual Assault Victims Entitled To Fair Trial, But Justice System's Responsibility Of Protecting Rights Of Accused Can’t Be Ignored: Delhi High Court
2 years ago

Sexual Assault Victims Entitled To Fair Trial, But Justice System's Responsibility Of Protecting Rights Of Accused Can’t Be Ignored: Delhi High Court

Live Law  

The Delhi High Court on Monday said that while the complainants in sexual assault cases are entitled to fair trial, the responsibility of criminal justice system towards protecting the rights of the accused persons cannot be ignored. Justice Swarana Kanta Sharma said that in cases of rape and sexual violence, “conceptualization of definition of sexual consent” is of utmost importance …

Right To Be Forgotten | Kerala High Court Says Legislature Alone Competent To Enumerate Grounds But Till Then Courts Can Decide On Case-To-Case Basis
2 years, 3 months ago

Right To Be Forgotten | Kerala High Court Says Legislature Alone Competent To Enumerate Grounds But Till Then Courts Can Decide On Case-To-Case Basis

Live Law  

Observing that legislature alone is competent to enumerate grounds for claiming right to be forgotten and carve out exceptions to the claims of such a right, the Kerala High Court on Thursday said in the absence of legislation, the court may have to recognise the right and direct removal of such content available online on a case-to-case basis.The division bench …

Whether Victims Of Sexual Offences Required To Be Impleaded As Party-Respondent In Bails And Appeals? Delhi High Court Asks Registry To Clarify
2 years, 3 months ago

Whether Victims Of Sexual Offences Required To Be Impleaded As Party-Respondent In Bails And Appeals? Delhi High Court Asks Registry To Clarify

Live Law  

The Delhi High Court has asked its Registry to clarify whether there is any judicial decision or practice directions that require impleadment of victims or prosecutrix as a respondent in bails or criminal appeals relating to sexual offences under the IPC or POCSO Act. Justice Anup Jairam Bhambhani said the identity of victim or prosecutrix is supposed to be protected …

Supreme Court Dismisses PIL Seeking To Criminalise Marital Rape, As Petitions Challenging Delhi HC Verdict Are Listed Next Week
2 years, 6 months ago

Supreme Court Dismisses PIL Seeking To Criminalise Marital Rape, As Petitions Challenging Delhi HC Verdict Are Listed Next Week

Live Law  

The Supreme Court bench comprising Chief Justice U.U. Lalit and Justice Ravindra Bhat, on Monday, dismissed a Public Interest Litigation praying for the declaration of marital rape as a criminal offence on the ground that the issue was already under consideration in a separately instituted proceedings.The bench dismissed the PIL noting that the petitions arising from the split verdict given. …

No One Would Level False Rape Allegations In Conservative, Non-Permissive Society Like India: Kerala High Court
2 years, 6 months ago

No One Would Level False Rape Allegations In Conservative, Non-Permissive Society Like India: Kerala High Court

Live Law  

While reiterating the settled law on conviction based on sole testimony of prosecutrix in a rape case, the Kerala High Court on Thursday observed,"In the conservative, tradition bound, non-permissive society like that of ours, none would make a false accusation of rape; braving ostracism, loss of face, social stigma and shame. While reiterating the settled law on conviction based on …

Kerala High Court Lauded for Upholding Right to Keep Only Mother's Name in Certificates
2 years, 8 months ago

Kerala High Court Lauded for Upholding Right to Keep Only Mother's Name in Certificates

News 18  

The Kerala High Court said in a landmark order that children of unwed mothers and rape victims can live in this country with the fundamental rights of privacy, liberty, and dignity, and allowed a person to include his mother’s name alone in the birth certificate, identity certificates and other documents. The order also said that no one can intrude into …

Right To Be Forgotten : Kerala High Court Formulating Information Management Policy To Mask Personal Information In Judgments
3 years ago

Right To Be Forgotten : Kerala High Court Formulating Information Management Policy To Mask Personal Information In Judgments

Live Law  

The Kerala High Court on Thursday declared that it was in the process of drafting an Information Management Policy which could possibly address the issue of masking of the parties' names in its orders and judgments. A Division Bench comprising Justice A. Muhamed Mustaque and Justice Sophy Thomas announced so while adjudicating upon a batch of seven petitions seeking the …

Right To Be Forgotten: Delhi High Court Asks Indian Kanoon To Consider Blocking Judgment Concerning Matrimonial Dispute
3 years, 2 months ago

Right To Be Forgotten: Delhi High Court Asks Indian Kanoon To Consider Blocking Judgment Concerning Matrimonial Dispute

Live Law  

The Delhi High Court on Friday asked Indian Kanoon to consider blocking access of a trial court judgment concerning a matrimonial dispute in a plea invoking the right to be forgotten. Recently, Centre had informed the Court that the fundamental right of Right to Privacy also includes the Right to be Forgotten and that the Personal Data Protection Bill 2019 …

Vlogger Sreekanth Vettiyar Approaches Kerala High Court Seeking Pre-Arrest Bail In Rape Case
3 years, 2 months ago

Vlogger Sreekanth Vettiyar Approaches Kerala High Court Seeking Pre-Arrest Bail In Rape Case

Live Law  

Popular content creator and vlogger Sreekanth Vettiyar has moved the Kerala High Court seeking anticipatory bail after a woman filed an official complaint accusing him of rape.Justice Gopinath P. directed the Public Prosecutor to get instructions and posted the matter to be taken up again on February 2. Popular content creator and vlogger Sreekanth Vettiyar has moved the Kerala High …

In Heinous Offence Of Rape, Proceedings Cannot Be Quashed Even If Parties Have Reached Settlement: Karnataka High Court
3 years, 4 months ago

In Heinous Offence Of Rape, Proceedings Cannot Be Quashed Even If Parties Have Reached Settlement: Karnataka High Court

Live Law  

The Karnataka High Court recently held that in a case of heinous offence of rape, even if the parties have settled the dispute, the same cannot be accepted and the proceedings cannot be quashed since it will have serious impact on the society. The petitioners relied on the judgement passed by the High court in the case of Vijaya Kumar …

'Submission' In Face Of Inevitable Compulsion Not 'Consent': Kerala High Court Upholds Rape Conviction
3 years, 4 months ago

'Submission' In Face Of Inevitable Compulsion Not 'Consent': Kerala High Court Upholds Rape Conviction

Live Law  

In a significant judgment, the Kerala High Court on Wednesday held that there is a substantial distinction between 'consent' and 'submission' to sexual intercourse. Partly allowing an appeal, Justice R. Narayana Pisharadi observed: "Merely for the reason that the victim was in love with the accused, it cannot be presumed that she had given consent for sexual intercourse. Partly allowing …

Right To Be Forgotten: Delhi High Court Issues Notice On Plea By Indian, A Recently Released UK Ex-Convict, Seeking Removal Of Articles
3 years, 4 months ago

Right To Be Forgotten: Delhi High Court Issues Notice On Plea By Indian, A Recently Released UK Ex-Convict, Seeking Removal Of Articles

Live Law  

The Delhi High Court has issued notice on a plea filed by a man namely Mohammed Umar Ashrafi, who was convicted by UK's Leicester Crown Court in 2015 and was released and deported to India after completing his sentence, seeking removal of news articles from the internet, pertaining to his conviction.Ashrafi has invoked his "right to be forgotten".Justice Rekha Palli …

Kerala High Court Comes To Aid Of Another Minor Rape Victim: Allows Termination Of Pregnancy
3 years, 6 months ago

Kerala High Court Comes To Aid Of Another Minor Rape Victim: Allows Termination Of Pregnancy

Live Law  

The Kerala High Court on Wednesday came to the assistance of another minor rape victim by allowing her father's petition and paving the way for her to undergo medical termination of her pregnancy which was a result of the sexual assault committed on her. The Government Pleader said that the permission of the Court was not required in the instant …

Kerala high court allows minor rape survivor to medically terminate pregnancy
3 years, 6 months ago

Kerala high court allows minor rape survivor to medically terminate pregnancy

Hindustan Times  

The Kerala High Court on Wednesday allowed another minor rape survivor to medically terminate her pregnancy, which was a result of a sexual assault on her, a the third such order passed by the court in the last week. During the hearing of a POCSO Act case about two months back, the Kerala High Court had expressed concern over the …

[Breaking] Right To Be Forgotten- Courts Can't Direct Redaction Of Names Of Acquitted Persons From Records In Absence Of Statutory Backing: Madras HC
3 years, 7 months ago

[Breaking] Right To Be Forgotten- Courts Can't Direct Redaction Of Names Of Acquitted Persons From Records In Absence Of Statutory Backing: Madras HC

Live Law  

The Madras High Court has refused to redact the name of a person from court records, who was acquitted of all criminal charges levelled against him, while stating that there is now law in India that contemplates such a request. Justice N. Anand Venkatesh, while refusing to grant relief to the Petitioner who had sought enforcement of his right to …

"When Public Opinion Influences Investigation Its Very Course Gets Diverted With Exasperating Results": Kerala HC Acquits Accused In Rape And Murder Of Tribal Woman
3 years, 8 months ago

"When Public Opinion Influences Investigation Its Very Course Gets Diverted With Exasperating Results": Kerala HC Acquits Accused In Rape And Murder Of Tribal Woman

Live Law  

The Kerala High Court recently acquitted two individuals, Mani and Rajan, life convicts in the rape and murder of a tribal woman that occurred on 30th May 2005.A Division Bench comprising Justice K Vinod Chandran and Justice Ziyad Rahman AA observed that 'when public opinion influences an investigation, its very course gets diverted with exasperating' results'.A tribal woman was raped. …

Name Of Victim In Sexual Offences Shall Not Be Mentioned In Any Proceedings, Subordinate Courts Shall Be Careful: Supreme Court
3 years, 8 months ago

Name Of Victim In Sexual Offences Shall Not Be Mentioned In Any Proceedings, Subordinate Courts Shall Be Careful: Supreme Court

Live Law  

A three-judge Bench of Supreme Court comprising of Justice Ashok Bhushan, Vineet Saran and M.R. Section 228 reads as follows: "Whoever prints or publishes the name or any matter which may make known the identity of any person against whom an offense under section 376, section 376A, section 376B, section 376C or section 376D is alleged or found to have …

The fine line that separates judicial transparency and the right to be forgotten
3 years, 9 months ago

The fine line that separates judicial transparency and the right to be forgotten

Hindustan Times  

The Delhi high court recently granted relief to a petitioner seeking to exercise his “right to be forgotten”. Justice Prathiba M Singh, while passing the order, recognised that the case raised an important question of whether a court order can be removed from online platforms to protect an individual’s right to privacy and the need to balance it with the …

Indian court acquits prominent journalist of rape charge
3 years, 10 months ago

Indian court acquits prominent journalist of rape charge

The Independent  

For free real time breaking news alerts sent straight to your inbox sign up to our breaking news emails Sign up to our free breaking news emails Sign up to our free breaking news emails SIGN UP I would like to be emailed about offers, events and updates from The Independent. Read our privacy policy An Indian trial court on …

Can Parties In Cases Of Personal Nature Seek Masking Of Thier Identities In Records To Protect Privacy? Kerala High Court Refers To Division Bench
3 years, 10 months ago

Can Parties In Cases Of Personal Nature Seek Masking Of Thier Identities In Records To Protect Privacy? Kerala High Court Refers To Division Bench

Live Law  

Recently, a Single Bench of the Kerala High Court referred to larger bench the question whether parties in a proceeding that did not involve public interest could seek the masking of their names. In this light, he framed this question for the consideration of a Division Bench - "Therefore, the question that has to be considered in this writ petition …

HC Issue Notices to Delhi Govt, FB, Twitter, Media Houses for Disclosing Rape Victim's Identity
4 years, 2 months ago

HC Issue Notices to Delhi Govt, FB, Twitter, Media Houses for Disclosing Rape Victim's Identity

News 18  

The Delhi High Court Friday sought responses of Delhi government, Twitter, Facebook, YouTube and several media houses on a plea seeking action against them for allegedly disclosing the identity of rape victims, including in the Hathras gang rape case. The petition has sought direction to the Delhi government to ask the social media platforms and media houses to take down …

Walayar Rape-Death Cases : Kerala High Court Sets Aside Trial Court Judgment Acquitting Accused; Orders Re-Trial
4 years, 2 months ago

Walayar Rape-Death Cases : Kerala High Court Sets Aside Trial Court Judgment Acquitting Accused; Orders Re-Trial

Live Law  

The Kerala High Court on Monday ordered re-trial in the case relating to the rape-death of two minor girls of Dalit community in Walayar, Palakkad district.Allowing the appeals of the State Government, a division bench comprising Justices A Hariprasad and MR Anita set aside the acquittal of the accused. Judges handling POCSO cases must be given training The Court also …

Publication Of Court Order No Violation Of Right To Privacy : Indian Kanoon Opposes Plea In Kerala HC To Remove Personal Details From Reported Judgment
4 years, 2 months ago

Publication Of Court Order No Violation Of Right To Privacy : Indian Kanoon Opposes Plea In Kerala HC To Remove Personal Details From Reported Judgment

Live Law  

"Law allows the publication of matters which are "public records", including court records and orders of courts/tribunals," said legal search engine Indian Kanoon in a counter-affidavit filed before the Kerala High Court in response to a writ petition seeking removal of the name/ personal details of the Petitioner. Right To Be Forgotten: Kerala HC Admits Plea For Removal Of Personal …

Kerala govt to move SC after HC dismisses plea to transfer trial against Dileep in sexual assault case
4 years, 3 months ago

Kerala govt to move SC after HC dismisses plea to transfer trial against Dileep in sexual assault case

Firstpost  

Both the Kerala government and the survivor have alleged that the trial judge at Kerala High Court refused to record certain portions of the survivor’s testimony without any justification, despite repeated requests by the prosecutor. The government of Kerala will reach out to the Supreme Court to appeal against Kerala High Court’s dismissal of pleas to transfer the trial in …

Allowing Videos/Photos Of Rape Victims To Remain On Social Media Is Violative Of Their Fundamental Right To Privacy: Orissa HC Moots Statutory Recognition Of 'Right To Be Forgotten'
4 years, 4 months ago

Allowing Videos/Photos Of Rape Victims To Remain On Social Media Is Violative Of Their Fundamental Right To Privacy: Orissa HC Moots Statutory Recognition Of 'Right To Be Forgotten'

Live Law  

Emphasizing the need for statutory recognition of 'right to be forgotten', the Orissa High Court observed that allowing objectionable photos and videos of rape victims to remain on a social media platform is a violation of their right to privacy. Presently, there is no statute in India which provides for the right to be forgotten/getting the photos erased from the …

[Kerala Actor Assault Case] 'Victim Was Harassed During Trial; Court Did Not Control': Prosecution Tells Kerala High Court Seeking Transfer
4 years, 5 months ago

[Kerala Actor Assault Case] 'Victim Was Harassed During Trial; Court Did Not Control': Prosecution Tells Kerala High Court Seeking Transfer

Live Law  

The victim of the Kerala actor abduction and sexual assault case was harassed during the trial by the lawyers of the accused and the trial court did not control it, said the prosecution in the High Court of Kerala on Friday.The submission was made before a bench of Justice V G Arun which is considering the applications filed by the …

Right To Be Forgotten: Kerala HC Admits Plea For Removal Of Personal Details In Reported Court Orders From Search Engines
4 years, 5 months ago

Right To Be Forgotten: Kerala HC Admits Plea For Removal Of Personal Details In Reported Court Orders From Search Engines

Live Law  

The Kerala High Court has admitted a writ petition filed against search engines, Indian Kanoon and Google India, seeking removal of the name/ personal details of the Petitioner, who was once an accused in a criminal case. The Petitioner is primarily aggrieved by the fact that despite his exoneration from the criminal proceedings, the website Indian Kanoon continues to publish …

[Bail Condition] Heavens Won't Fall Down If Rape Accused Is Stopped From Using Social Media To Protect Victim's Privacy: Kerala HC [Read Order]
4 years, 6 months ago

[Bail Condition] Heavens Won't Fall Down If Rape Accused Is Stopped From Using Social Media To Protect Victim's Privacy: Kerala HC [Read Order]

Live Law  

While granting bail to a Rape accused, the Kerala High Court on Thursday remarked that "heavens will not fall down if a condition is imposed in a bail order restraining the accused in a rape case in using social media, especially when it is to protect the victim girl's privacy." In such circumstances, the Court remarked, "Considering the special facts …

Kerala HC Issues Guidelines For Maintaining Rape Victim Anonymity In Cases Filed Before It [Read Order]
4 years, 6 months ago

Kerala HC Issues Guidelines For Maintaining Rape Victim Anonymity In Cases Filed Before It [Read Order]

Live Law  

The Kerala High Court has issued some future guidelines for maintaining rape victim's anonymity in the matters instituted before it.Justice PB Suresh Kumar, while considering a petition arising out of a bail order passed by POCSO Court, observed that in several matters instituted before the High Court the identity of the victim is disclosed directly or indirectly. The Kerala High …

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