Karnataka HC upholds right to reputation

While commenting on the Baba Ramdev case last month, the Supreme Court upheld the right to sleep as a fundamental right guaranteed to every citizen under Article 21 of the Constitution.

In a follow-up of sorts, the Karnataka High Court, while quashing the First Information Report against the former Chief Minister, Mr B.S. Yeddyurappa, said that the right to reputation was also a fundamental right.

Pronouncing the judgment, Dr Justice K. Bhakthavatsala and Mr Justice K. Govindarajulu wrote, “...the whole exercise which a man undertakes in life is to acquire fame, name and reputation.”

Based on this, the Court said that Article 21 of the Constitution equally covers the reputation of a person during his life and after.

“I have not read the judgment of the Karnataka High Court, but as a general principle, reputation should be a part of Article 21,” said Mr Amit Pawan, Advocate on Record, Supreme Court.

Another advocate, Mr Srinivas Kotni, Managing Associate of the law firm Corporate Lexport, said, “I have not read the judgment. To me, it is a little abstract. But it is interesting that courts are extending Article 21 and giving a wider meaning to the concept of life. It sounds a little out of the box, but it is positive for the citizen.”

Using the principle of the importance of reputation, the High Court observed, "Suspicion cannot be a ground to tarnish the image and reputation of a person who is holding a constitutional post.”

The court also observed, “… we are of the considered view that the petitioner was condemned unheard and there is flagrant violation of principles of natural justice...”

> balaji.n@thehindu.co.in

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