DATA PROTECTION IN COURT TRIALS IN THE PERSPECTIVE OF POCSO CASES: NAVIGATING THE COMPLEXITIES OF PRIVACY, SECURITY, AND JUSTICE THROUGH MEDIA TRIAL.

Authors

  • Deepika Paira Assistant Professor Cum Research Scholar, Vel Tech School of Law, Vel Tech Rangarajan Dr. Sagunthala R& D Institute of Science and Technology, Avadi, Chennai, Tamil Nadu,India.
  • Dr. B. Venugopal Dean School of Law, Vel Tech School of Law, Vel Tech Rangarajan Dr. Sagunthala R& D Institute of Science and Technology, Avadi, Chennai, Tamil Nadu, India.
  • Dr. S. Udayakumar Assistant Professor, Vel Tech School of Law, Vel Tech Rangarajan Dr. Sagunthala R& D Institute of Science and Technology, Avadi, Chennai, Tamil Nadu, India.

DOI:

https://doi.org/10.29121/shodhkosh.v5.i5.2024.4873

Keywords:

Media Trials, Privacy., Victims, Reputation, Sensitive Information, Data Protection, Transparency, Confidentiality And Public Interest

Abstract [English]

The important and vital part of any individual is to secure their privacy and considered as the basic and fundamental Human Rights which is also guaranteed by the Constitution of India in Article 21. It is closely related with protection of data however to protect such in this technological advance and progressive world it seems quite difficult and challenging. The advent of media trials has transformed the landscape of court proceedings, raising critical concerns about data protection, privacy, and security. As court proceedings are increasingly televised, live-streamed, or reported on social media, sensitive personal information and evidence are being disseminated to a wide audience. This raises significant questions about the protection of witnesses, victims, and defendants' personal data, as well as the potential for reputational damage, harassment, and intimidation. By analyzing court trials and healthcare provider experiences, this research underscores the need for a nuanced approach that balances child protection with the rights and needs of adolescents. The findings have implications for law, policy, and practice, emphasizing the importance of confidentiality, sensitivity, and access to safe reproductive healthcare for adolescents.
In this article, we will examine the existing legal frameworks governing data protection in court trials, analyse the impact of media trials on the right to privacy, and explore the tensions between the right to information, the right to privacy, and the pursuit of justice.

References

The Indian Evidence Act, 1872.

The Information Technology Act, 2000.

The Constitution of India, 1950.

Right to Information Act, 2005.

Rajagopal v. State of T.N. (1994) 6 SCC 632.

State of Maharashtra v. Rajendra Jawanmal Gandhi (2015) 4 Bom CR 757.

Kharak Singh v. State of U.P. (1964) 1 SCR 332.

M.P. Sharma v. Satish Chandra (1954) SCR 1077.

Justice K.S. Puttaswamy (Retd.) v. Union of India (2017) 10 SCC 1.

Data Protection in India: A Critical Analysis, by Aparajita Lath, published in the Journal of Intellectual Property Rights, Vol. 24, Issue 3, 2019.

Protection of Children from Sexual Offences (POCSO Act) 2012

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Published

2024-05-31

How to Cite

Paira, D., B. Venugopal, & S. Udayakumar. (2024). DATA PROTECTION IN COURT TRIALS IN THE PERSPECTIVE OF POCSO CASES: NAVIGATING THE COMPLEXITIES OF PRIVACY, SECURITY, AND JUSTICE THROUGH MEDIA TRIAL. ShodhKosh: Journal of Visual and Performing Arts, 5(5), 1047–1057. https://doi.org/10.29121/shodhkosh.v5.i5.2024.4873