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Showing posts with the label Human Rights

First Strike at Digital Permanence: Right to be Forgotten

  In 2020, the High Court of Orissa examined the right of a rape victim to be forgotten from the internet, where the court stated, “…information in the public domain is like toothpaste, once it is out of the tube one can’t get it back in and once the information is in the public domain it will never go away” [1] In a time driven by technology, where information about ‘everybody’ is at the tip of fingers, imagine having consent and control over ‘how much information’ and ‘what kind of information’ any third-party witness about you. In an era of digital permanence, having an unsaid gem in your fundamental right that helps you remove any trace, subject to restrictions, of you from the internet. That right is, RIGHT TO BE FORGOTTEN. Right to be forgotten (RTBF) allows individuals (data subjects) to request that their personal information be removed from the Internet (not show up in search engine searches), and seeks to give individual’s increased control over their personal infor...

EVOLUTION OF THE RIGHT TO PRIVACY AND EXPLAINING THE NATIONAL SECURITY IMPLICATIONS OF THE SAME

  INTRODUCTION The term ‘Privacy’ has a multi-faced connotation and is much complex a problem to be reduced to a single essence. Privacy is the right to be let alone, the right to be free from unwarranted public intervention. [1] The concept of privacy was inextricably linked with that of house or property sanctity in the late nineteenth and early twentieth centuries. [2] The Right to Privacy has received considerable attention recently, since it is being considered as an important component of the fundamental right of 'right to life and personal liberty' under Article 21 of the Constitution, together with the freedoms granted by Part III. There has almost been an evolution of the subject as a result of various landmark decisions made over time by the Indian Judiciary. However, since fundamental rights are not absolute in nature [3] , it is necessary to understand that the infringement of Right to Privacy is justified by a compelling state interest [4] . Any topic of publi...

Challenges for Healthcare Legislation in India

Introduction A robust healthcare infrastructure is very important for the development and growth of any nation. In most of the developed nations, great care has been given towards creating an inclusive and all-encompassing system to make sure that every citizen gets treated for their ailment. Since the conception of the Constitution of India, deep significance has been given to Healthcare. Even before the independence, the leaders of the era knew that an independent nation would need good healthcare facilities. The Nehru report viewed healthcare as an important constitutional right. A similar provision was presented in the Karachi Resolution which stated that industrial workers had to be provided with the ‘healthy condition of works’. Both Nehru Report & Karachi Resolution primarily viewed healthcare as a problem related to ‘work’ and ‘worker’. [1] Article 39(e) of the Indian Constitution provides that the State shall direct its policy towards securing the health and strength of w...