Only admin of the website can remove the details posted on the website
if it is reported judgment it would not be removed
My divorce dowry case is showing online on Indian Kanoon site along with my complete details, name address and all the cases I filed. I want to get it removed or atleast change my name and address in that, since I am a girl and I am facing lot of issues because my complete name and address is online, i cant understand how such things can help anyone, its just like a torture specially for a girl.I have tried mailing them but they say since its a dowry criminal case, they have the right to make it available on their site for public help. Pls let me know how can i get that link or details removed.
Only admin of the website can remove the details posted on the website
if it is reported judgment it would not be removed
Your case judgement may be a reportable judgement, so is the reason showing online and may publish in law journals also. You have to approach high court for directions to hide your name and identity. Such protection is usually available physically abused victims.
How did the website get your details.
You have not given proper details so that a proper suggestion can be rendered.
You can resort to legal action by issuing a legal notice to them to remove it since the personal details are reflected in it which causes you embarrassment.
After that you can file a suit for permanent injunction to restrain them from reflecting your case details for the reasons you may rely upon.
you will have to seek orders from the Court which is trying your matter
plz file an application for directions against the website
it might be a possibility that your judgement may be Reportable , If that will be a case, then it can not be removed.
You need to contact the site Admin for the same.
Please approach cybersecurity cell and report this matter to cyber crime cell for your grievances against injustice being caused to you by Indian Kanoon site. Cyber Crime Cell would help you to remove it from the site of Indian Kanoon as per your case and merits in the matter.
- Court judgements are public records, and if a case is heard by a court of India, no one can argue that the opinion should not be published and viewable by all, unless the court itself expressly says it cannot be published.
- Hence, kanoon.com can publish the court cases online without the permission of anyone or competent authority , and further Section 52(1)(q)(iv) of the Copyright Act states that publication of court judgements does not constitute an infringement of Copyright.
- Further in the matter of R. Rajagopal versus State Of T.N on 7 October, 1994 , the Supreme Court held that publication of court records will not constitute any violation of the right to privacy, and further held:
The rule aforesaid is subject to the exception, that any publication concerning the aforesaid aspects becomes unobjectionable if such publication is based upon public records including court records. This is for the reason that once a matter becomes a matter of public record, the right to privacy no longer subsists and it becomes a legitimate subject for comment by press and media among others. We are, however, of the opinion that in the interests of decency [Article 19(2) an exception must be carved out to this rule, viz., a female who is the victim of a sexual assault, kidnap, abduction or a like offence should not further be subjected to the indignity of her name and the incident being publicised in press/media.
- Hence for removing or modify any public documents , court order is needed , except in the cases of registered under Section 376 IPC, Section 354 IPC or Sexual Harassment Act.
- However you can send an email to [deleted] with the link/URL of the case on Indian Kanoon.
write to the support and admin team of the web site requesting them to hide your personal details, if they cannot remove the case.
Serve them with a legal notice than file a complaint against them in the police as any details about a lady( favour or against) can't be displayed. Even govt. Website which have data of courts displays women details as xxxxx
You have to take injunction from High Court for such things that not to display your name publicly or changed naming atleast like applicant and respondent should mentioned only.
Contact their customer support. However if there is any judgement then there is nothing to do but yes yes name and address should not be there . I think there must be some mistake.
I dont understand one side Indian government is there to help girls if anything wrong happens with them after marriage and thats where cases of dowry come into place but on the other side, sites like indiankanoon.org are just doing opposite. Making her name, adddress public for world that too in a country like India is like torturing a girl that why did she ever filed any case, and these are the consequences. People normally dont tell they filed any dowry case because of social stigma attached to it because nobody wants to marry that girl and my situation is very much same now and its so disturbing. What type of law is this and why dont they (indianKanoon.org) realize if they are here for public good, this way they are actually doing much bad and if it continues being the same, so many girls would go through so much mental torture because of such sites. As few of lawyers said here even if its a public case, still Government websites dont mention name and address, its there in xxx format, so how come this site indianKanoon.org has the right to publish name, address, father's name, mothers name and everything else. Being a girl I dont mention my address online on any site since its not safe but these sites are making so easy for anyone to chase me after my address and name is available online for public. Even if they have to publish anything, they could just change the name and address and I have already mailed them multiple times asking them to atleast hide my name and address but never got a positive reply. They dont have any number, mailing them is the only option. So if any of the lawyers here have proper knowledge of how can I get my name removed, then please let me know in your answers, so that I can contact you. Please help me since I cant move on in my life, its even worse than divorce and also tell me whether indianKanoon.org is a government site or a private site. Thank You.
Court cases are public records and website doAES not need anyone's permission to publish court cases. The Section 52(1)(q)(iv) of the Copyright Act states that publication of court judgments does not constitute an infringement of Copyright.
2) In R. Rajagopal vs State Of T.N on 7 October, 1994 where the Supreme Court defined the scope of the Right to Privacy, it held that publication of court records will not constitute any violation of the right to privacy. It held:
The rule aforesaid is subject to the exception, that any publication concerning the aforesaid aspects becomes unobjectionable if such publication is based upon public records including court records. This is for the reason that once a matter becomes a matter of public record, the right to privacy no longer subsists and it becomes a legitimate subject for comment by press and media among others. We are, however, of the opinion that in the interests of decency [Article 19(2) an exception must be carved out to this rule, viz., a female who is the victim of a sexual assault, kidnap, abduction or a like offence should not further be subjected to the indignity of her name and the incident being publicised in press/media
3)You can send an email to [deleted] with the link/URL of the case on Indian Kanoon.
4) they generally insist on court orders for removal of your case from the website
it is Advisable to kindly move an application before the court to get your name and address removed.
Dear Querist
Immediately file a writ petition before the High Court against the Indian Kanoon.com, the State Government, and the Ministry of Broadcasting, the high court shall pass an order and your name along with other details may be deleted from the Internet and even the Judgment of your case may also be altered and delete your name and addresses from the Judgment of the Court.
Feel Free to Call
You can contact them they will remove it
. It's a private site. If you want I can assist you to remove it as your lawyer
Indian kaanoon.org is not a website owned by government of India.
There is no reason for this website to publish your personal details and the case history.
First ascertain the details of the said publication and write to the website people asking for explanation as to why your details were published in the public domain.
If their reply is not satisfactory you may decide to contemplate legal action against them even through cyber crime laws.
The site is a private site
You will have to issue a legal notice to the site
If no response then you will have to file a civil suit for injunction
Such sites are only visited by lawyers for legal research.
Well, as I informed under right to be unknown, you can obtain directions from court which have passed the order by filing petition.
First try to remove your name by sending email to chief Justice of High court and registrar, HC administration.
If your case has been disposed of by High Court or Supreme Court of India on facts and legal issues and the matter is reportable then you can't do anything. If it is something else then Please state we may suggest and help you further more .
Sushant Sinha is founder and owner of Indiankanoon.org and the website is private.
- As i mentioned above you can lodge a complaint before indiankanoor.org , and if no response then file Mandatory injunction suit before the court for getting order in your support.
It is a private site but anyone can find a case through all other websites whoch also display these facts. This is how judgments are written by courts.
IndianKanoon.org is private site, You can ask them to blur the sentence where your name and address is appearing. because other Government sites are paid site to take a citations case like SCC.
1. You can get it removed but you need to file suit against Indian kanoon site because once a case is decided it's judgement become public property and can be accessed by anyone for their refrence.
2. You can request Indiankanoon for removal of your name from the judgement.