Allahabad High Court Invokes 'Right to Be Forgotten' for Juvenile Convict's Passport
The Allahabad High Court has ruled that a prior conviction recorded by the Juvenile Justice Board should not automatically disqualify an individual from obtaining a passport, invoking the legal principles of the 'right to be forgotten' and the 'fresh start' doctrine. The court directed the Regional Passport Office in Lucknow to reconsider the application of a man who was convicted as a minor in 2013 for offenses under the Indian Penal Code but successfully completed his probation period. The bench, comprising Justices Indrajeet Shukla and Ajit Kumar, criticized the authorities for displaying a 'non-serious attitude' by citing past juvenile delinquency despite no pending criminal proceedings. The judgment emphasizes that juvenile records should not impair future rehabilitation or reintegration into society. The court mandated that the passport application be processed afresh, stating that the only valid ground for refusal under the Passports Act, 1967, is the existence of currently pending criminal cases, which were absent in this instance. This landmark ruling reinforces the absolute right of juveniles to have their delinquency records effectively disregarded to ensure equal opportunities in adulthood.
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Allahabad High Court Invokes 'Right to Be Forgotten' for Juvenile Convict's Passport
The Allahabad High Court has ruled that a prior conviction recorded by the Juvenile Justice Board should not automatically disqualify an individual from obtaining a passport, invoking the legal principles of the 'right to be forgotten' and the 'fresh start' doctrine. The court directed the Regional Passport Office in Lucknow to reconsider the application of a man who was convicted as a minor in 2013 for offenses under the Indian Penal Code but successfully completed his probation period. The bench, comprising Justices Indrajeet Shukla and Ajit Kumar, criticized the authorities for displaying a 'non-serious attitude' by citing past juvenile delinquency despite no pending criminal proceedings. The judgment emphasizes that juvenile records should not impair future rehabilitation or reintegration into society. The court mandated that the passport application be processed afresh, stating that the only valid ground for refusal under the Passports Act, 1967, is the existence of currently pending criminal cases, which were absent in this instance. This landmark ruling reinforces the absolute right of juveniles to have their delinquency records effectively disregarded to ensure equal opportunities in adulthood.
The Indian Express