LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Bhavani Singh (others)     31 May 2021

Woman facing harassment due to indiankanoon.org judgment

Dear Sir/Ma'am

I need advice regarding a judgment published on indiankanoon.org for a case I filed at the Delhi District Court, Saket

In 2018 I filed for an injunction/restraining order against my then-girlfriend and her family. The reason for filing the said injunction was that after our talks for marriage broke down, she along with her family repeatedly threatened me, entered my home and vandalized it, kept me confined for several days, and threatened to implicate me in a false rape case. My lawyer advised me to immediately file for anticipatory bail and move the court for an injunction order against my girlfriend which I did at the Delhi District Court in Saket. 

In Nov 2020, the court finally gave its judgment, noting my grievances but ruling that passing such an injunction would be difficult to enforce and since this was a matter of personal relationships gone wrong so the court didn't want to set a precedent. By then, almost 3 years had elapsed since the incident and my girlfriend and her family had apologised to me for their violence. We made our peace and moved on with our lives. However now that the judgment has been posted on indiankanoon.org, the woman, i.e. my ex-girlfriend is now facing harassment from strangers as well as from her colleagues as whenever anyone Googles her name, the judgment appears at the very top. Since it contains intimate details of her relationship with me this has become cause for s*xual harassment. She has had more than one marriage proposal turned down because the prospective groom Googled her name and came across the intimate details of her relationship with me in the judgment. Moreover, her address and employment details are also mentioned in the judgment and she is constantly facing harassment from strangers, and even fears for her physical safety. As a result she is under severe stress and mental depression.

I have written a mail to webmaster@indiankanoon.org requesting them to either hide the woman's details or take the judgment down but the mail has bounced back due to some server error.

Kindly advice me as to what legal recourse I have in this matter? Ideally I would want Indiankanoon to take the judgment down, but if that is not possible, I want them to at least hide the woman's name and her residential address.

Any help is appreciated. 

Regards



Learning

 3 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     31 May 2021

P. Venu (Advocate)     01 June 2021

The above provides the policy of of indian kanoon in the given context. As such, the concerned party needs to approach the High Court.

The following link could be helpful in this context-

 https://www.latestlaws.com/latest-news/right-to-be-forgotten-high-court-orders-removal-of-link-to-its-own-ruling/

T. Kalaiselvan, Advocate (Advocate)     03 June 2021

The links provided by two experts above makes it very clear and answers your question properly.

Therefore you may approach high court with a writ petition seeking necessary relief


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register