The Fine Balance — Surveillance, Security, and the Right to Privacy
by Arjun Harkauli†
right to privacy
‘Privacy, publicity and personality rights not heritable’; Delhi High Court refuses to stay “Nyay : The Justice” movie based on Sushant Singh Rajput
“The rights ventilated in the plaint, that is, the right to privacy, the right to publicity and the personality rights which vested in Sushant Singh Rajput, were not heritable. They died with his death. The said rights, therefore, did not survive for espousal by the plaintiff.”
“Offends transgender persons’ right to privacy as well as right to dignity”; Telangana High Court declares Telangana Eunuchs Act, 1329 Fasli as unconstitutional
“Constitutional morality impacts upon any law which deprives the LGBT individuals of their entitlement to a full and equal citizenship. LGBT individuals living under threats of conformity grounded in cultural morality have been denied basic human existence. Constitutional morality does not permit such discrimination and must supersede cultural morality.”
[Adultery v. Right to Privacy] Seeking hotel stay and call record details to prove the charge of adultery will not violate right to privacy: Delhi High Court
The right of privacy claimed by the husband vis-à-vis the prayer of the wife to seek assistance of the Court for production of records to substantiate her charge of adultery levelled against the husband in her petition seeking divorce was the question before the Delhi High Court.
Patna High Court stays Bihar Government’s caste-based survey; directs data collected not to be disclosed to anyone
The State Government intending to share data with the leaders of different parties of the State Assembly, the ruling party and opposition party was a matter of great concern as there arose a question of right to privacy, which the Supreme Court held to be a facet of right to life.
Strip search procedures in prisons violate privacy rights of undertrial prisoners: Greater Mumbai Special Court
The Court of Special Judge under MCOC Act issued directions for conducting search of under-trial prisoners using scanner or electronic gadgets.
Madras HC directs State to pay Rs. 2 Lakh compensation to woman falsely accused of immoral trafficking
Madras High Court held that the right of privacy and reputation of the petitioner have been sullied by the act of the police officials for which the State is certainly responsible.
Supreme Court February 2023| Full strength of 34 judges; AIBE; Decriminalisation of adultery; Compensation for bad haircut; DNA test in Divorce cases; and more
This roundup revisits the analyses of Supreme Court’s judgments/orders on validity of AIBE; ex-communication of Dawoodi Bohras; decriminalisation of adultery; permissibility of DNA test of children to prove allegations of adultery; and more. It also covers reports on the career trajectory & important decisions of Justice Surya Kant and Justice Dipankar Dutta and the newly appointed 7 judges of the Supreme Court; Explainers on important law points; and Cases Reported in SCC Weekly in the month of February.
“Child cannot be used as a pawn to prove allegation of adultery against wife”; SC lays down scope of using DNA profiling in divorce cases
The Supreme Court held that merely because either of the parties have disputed a factum of paternity, it does not mean that the Court should direct DNA test or such other test to resolve the controversy. Only in exceptional and deserving cases, where such a test becomes indispensable to resolve the controversy the Court can direct such test.
National Seminar on “Right to Privacy and Data Protection in Digital ERA- Issues and Challenges.”| February 16- 17, 2023|
About the Organization Amity Law School Lucknow Campus (ALS-L) is a constituent unit of Amity University, Uttar Pradesh & it was established
Justice S. Abdul Nazeer Retires- Throwback to a Career of Four Decades
After an extensive tenure of 6 years, Justice S. Abdul Nazeer retires today. During this time, Justice Nazeer had been a part of some path-breaking decisions such as- Right to Privacy, Triple Talaq, Ayodhya verdict etc. Justice Nazeer has also been the part of the Constitution Bench which decided upon the validity of Central Govt’s 2016 Demonetisation Scheme.
[Right to be Forgotten] | Claim for the protection of personal information cannot co-exist in an Open Court justice system; Kerala High Court directs Registrar of the High Court to publish the privacy notices within two months in both English and Malayalam languages on the High Court and District judiciary websites
Kerala High Court while dealing with the issue of deleting personal information from the Judgments, discussed the different facets of right to privacy of individuals and the interest of the public qua judicial institutions. The Court concluded that the right to be forgotten cannot be claimed in current proceedings, but in appropriate cases the Court has power to invoke this right.
Delhi Court| Compelling accused to give his system password to IO/Police violates Article 20(3) and S 161(2) CrPC
Rouse Avenue District Courts, Delhi: In a case filed by Central Bureau of Investigation questioning the power of investigating agency
Right to Information vis-a-vis Right to Privacy; SC invokes doctrine of ex debito justitiae to hear HDFC’s plea challenging RBI directions mandating disclosure of confidential & sensitive information
“If a man has been wronged, so long as the wrong lies within the human machinery of administration of justice, that wrong must be remedied.”
Kerala High Court No provision in MTP Act, 1971 requires woman to obtain her husband’s permission for terminating the pregnancy; Permits petitioner to undergo Medical termination of pregnancy
Kerala High Court: In a petition filed by a 21-year-old girl, seeking medical termination of her pregnancy, V.G. Arun, J.
Expert Committee submits report before Supreme Court in Pegasus Spyware case; Matter to be heard after 4 weeks
Supreme Court: After the Technical Committee and the Overseeing Judge submitted their reports in the Pegasus Spyware case, the 3-judge bench of
COVID-19| No individual can be forced to be vaccinated; holds Supreme Court. Restrictions on unvaccinated persons to be revised for now
Supreme Court: In a landmark ruling on COVID-19 vaccination drive, the bench of L. Nageswara Rao* and BR Gavai, JJ has held
The Criminal Procedure (Identification) Bill, 2022 and the Right to Privacy
by Sanjay Vashishtha†
Cite as: 2022 SCC OnLine Blog Exp 29
Hijab Row | Karnataka HC upholds Hijab Ban: Read Questions formulated by HC while pronouncing verdict
Karnataka High Court formulated a few questions: Whether wearing Hijab is a part of essential religious practise in Islamic faith protected under
Can Court compel a parent to go abroad with child in a habeas corpus case? Supreme Court answers
Supreme Court: In a habeas corpus case the Division Bench Ajay Rastogi and Abhay S. Oka*, JJ., held that in a case