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Showing posts with the label Right to Privacy

Supreme Court Seeks Nationwide Guidelines Against Period Checks at Workplaces and Educational Institutions

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Background of the Case The Supreme Court of India has agreed to examine the need for nationwide guidelines to prevent women and girls from being subjected to invasive “period checks” during menstruation. This direction follows disturbing incidents where employees and students were asked to prove their menstrual status, violating dignity and bodily autonomy. The matter reached the Supreme Court through a petition filed by the Supreme Court Bar Association (SCBA), which highlighted multiple instances of degrading practices across institutions. Triggering Incident: Haryana University Controversy In October 2024, three female sanitation workers at Maharshi Dayanand University (MDU), Rohtak, complained of menstrual sickness. Instead of being granted relief, the supervisors demanded that the women provide photographs of their sanitary pads as proof. The workers were allegedly verbally abused and coerced into taking photographs in a washroom, causing severe humiliation. Following publ...

Supreme Court Bar Association Moves Apex Court Over ‘Proof of Periods’ Incident in Haryana: A Question of Dignity and Rights

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Background of the Case The Supreme Court Bar Association (SCBA) has approached the Supreme Court of India , seeking judicial intervention and an independent probe into a disturbing incident at Maharishi Dayanand University (MDU), Rohtak , where female sanitation workers were allegedly asked to prove that they were menstruating. The petition, filed by the Bar body, calls for strict guidelines to protect women’s right to health, dignity, bodily autonomy, and privacy , especially during menstruation. The plea demands that both the Centre and the Haryana government conduct a detailed inquiry into the matter to ensure accountability and institutional responsibility. The Incident at Maharishi Dayanand University According to reports, the incident occurred on October 26 , just hours before Haryana Governor Ashim Kumar Ghosh was scheduled to visit the MDU campus. Three female sanitation workers employed through Haryana Kaushal Rozgar Nigam Limited alleged that their supervisors fo...

Maharashtra Leader Faces FIR After Demonstrating Fake Aadhaar in Donald Trump’s Name: Legal and Constitutional Dimensions

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Introduction: A Political Demonstration Turns Legal A political controversy unfolded in Maharashtra after Nationalist Congress Party (Sharad Pawar faction) leader Rohit Pawar publicly demonstrated how fake Aadhaar cards could allegedly be generated online. During an October 16 briefing, Pawar showcased a fabricated Aadhaar card in the name of former U.S. President Donald Trump to highlight what he termed “rampant identity fraud” and misuse in voter registration processes. However, what began as a political demonstration quickly turned into a legal matter when BJP social media cell co-convener Dhananjay Wagaskar filed a complaint alleging that the video misled the public and spread false and inflammatory claims. The FIR and Criminal Allegations Following the complaint, Mumbai Cyber Police registered a First Information Report (FIR) against two unidentified individuals under various sections of the Bharatiya Nyaya Sanhita (BNS) and the Information Technology Act, 2000 . The ...

Supreme Court Seeks Nationwide Data on ‘Digital Arrest’ Scams

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Introduction The Supreme Court of India has taken suo motu cognizance of the alarming rise in “digital arrest” scams , a new-age cybercrime where fraudsters impersonate law enforcement or judicial authorities to extort money from unsuspecting victims. Recognizing the seriousness of the issue, the apex court has sought detailed information from all states and union territories (UTs) within one week on pending investigations related to such cases. A bench comprising Justices Surya Kant and Joymalya Bagchi has also indicated the possibility of assigning the Central Bureau of Investigation (CBI) to undertake a nationwide probe, given the cross-border nature and complexity of these crimes. Understanding the ‘Digital Arrest’ Phenomenon The term “digital arrest” refers to a sophisticated cybercrime method where perpetrators impersonate police officers, CBI officials, or judges , often using forged court orders , fake video calls , and fabricated legal documents to deceive victims. ...

Delhi High Court Bars Use of Aishwarya Rai’s Name, Image, and Voice Without Consent

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Introduction The Delhi High Court has issued a significant ruling safeguarding the personality and publicity rights of actor Aishwarya Rai Bachchan , restraining multiple entities from using her name, image, and voice without prior consent. The judgment reinforces the legal protections available to celebrities against unauthorized commercial exploitation of their identity. Background of the Case Aishwarya Rai Bachchan filed a petition before the Delhi High Court, alleging that several individuals and organizations were illegally using her name, voice, and videos for commercial purposes. The unauthorized usage also included morphed images created using artificial intelligence , some of which were circulated in a pornographic context , thereby causing severe reputational and personal harm. She argued that such actions infringed upon her publicity rights, privacy, and dignity , and sought judicial intervention. The Court’s Observations Justice Tejas Karia delivered a 16-page or...

Nepal's Controversial Social Media Bill: A Step Towards Regulation or Censorship?

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Nepal's Controversial Social Media Bill: A Step Towards Regulation or Censorship? The Nepalese government has introduced the "Social Media Bill" , aiming to regulate digital platforms , enforce user accountability , and curb misinformation . However, critics argue that the bill threatens freedom of speech and privacy , raising concerns about government overreach . Despite strong opposition from political leaders, social media users, and free speech advocates , Minister for Communications and Information Technology, Prithvi Subba Gurung , tabled the bill in the National Assembly on Sunday, February 2025 . The bill proposes strict licensing rules, content restrictions, and hefty penalties for violating regulations. What Does the Social Media Bill Propose? 🔹 Mandatory Licensing for Social Media Platforms Companies operating social media platforms in Nepal must obtain a two-year license . The license must be renewed periodically , giving the government control over...

Delhi High Court Rejects Mahua Moitra's Plea for Media Gag in ED Investigation Case

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Delhi High Court Rejects Mahua Moitra's Plea for Media Gag in ED Investigation Case The Delhi High Court recently delivered a verdict dismissing the plea filed by Trinamool Congress (TMC) leader Mahua Moitra, seeking to restrain the Enforcement Directorate (ED) from disclosing any "confidential or unverified information" to the media regarding an investigation under the Foreign Exchange Management Act, 1999 (FEMA) against her. In its ruling, the Delhi HC emphasized that it meticulously reviewed various news articles submitted as evidence in the petition. The court concluded that these articles solely reported on the ongoing investigation against Moitra, a public figure, without delving into her private life. Justice Subramonium Prasad, presiding over the bench, highlighted that the media coverage did not infringe upon Moitra's privacy rights or compromise the impartiality of the investigation or potential trial proceedings. The plea alleged that the ED had intentional...