RIght to be forgotten: Balancing right to access public information and applicability in Indian criminal justice system
By: Srivastava, Shubham and Dixit. Shreya
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Material type: 
BookPublisher: Bihar Journal of Public Administration Description: 21(1S), Jan-Jun, 2024:p.390-399.Subject(s): Right to privacy, Fundamental right,Rright to be forgotten, Criminal justice system, Article 21
In:
Bihar Journal of Public AdministrationSummary: Right to privacy is a fundamental right under Article 21 of the supreme law of the land and right to be forgotten is a part of Privacy on one hand and right to access public information is a part of Article 19 (1) of the Constitution of India on the other. Though Right to be Forgotten is a recognized right in international regime, it is only recently, the Indian Judiciary has started recognizing it. However, the main problem with such recognition is that the courts are interpreting it as a part of right to privacy which itself is an ancillary right rooting from right to life under Article 21. In addition to that, parliament, or any other regional legislature has yet to pass any law in this regard whereas a number of high courts have affirmed the third level right. The aim of this paper is to suggest the balancing nature of the law that should brought by the legislature to replace this judicial construct and balancing it with right to public information through judicial interpretation using the test of proportionality in the existing legal frame work in Indian Criminal Justice System. The paper intends to examine the various dimensions affecting the right to be forgotten and proposing the pros and cons of the same so as to justify the present status of the Right to be Forgotten. It also precisely examined the various criticisms and the grey areas of Right to be Forgotten in order to propose the requirement of a statute to maintain a balance between safeguarding individual’s right to privacy and public’s right to be informed. – Reproduced
http://www.iipabiharbranch.org/upload/BJPA_Vol.%20XXI%20No.%201(S)%20Jan-June.%202024.pdf
| Item type | Current location | Call number | Vol info | Status | Date due | Barcode |
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Articles
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Indian Institute of Public Administration | 21(1S), Jan-Jun, 2024:p.390-399 | Available | AR133138 |
Right to privacy is a fundamental right under Article 21 of the supreme law of the land and right to be forgotten is a part of Privacy on one hand and right to access public information is a part of Article 19 (1) of the Constitution of India on the other. Though Right to be Forgotten is a recognized right in international regime, it is only recently, the Indian Judiciary has started recognizing it. However, the main problem with such recognition is that the courts are interpreting it as a part of right to privacy which itself is an ancillary right rooting from right to life under Article 21. In addition to that, parliament, or any other regional legislature has yet to pass any law in this regard whereas a number of high courts have affirmed the third level right. The aim of this paper is to suggest the balancing nature of the law that should brought by the legislature to replace this judicial construct and balancing it with right to public information through judicial interpretation using the test of proportionality in the existing legal frame work in Indian Criminal Justice System. The paper intends to examine the various dimensions affecting the right to be forgotten and proposing the pros and cons of the same so as to justify the present status of the Right to be Forgotten. It also precisely examined the various criticisms and the grey areas of Right to be Forgotten in order to propose the requirement of a statute to maintain a balance between safeguarding individual’s right to privacy and public’s right to be informed. – Reproduced
http://www.iipabiharbranch.org/upload/BJPA_Vol.%20XXI%20No.%201(S)%20Jan-June.%202024.pdf
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