Delhi HC recognises ‘right to be forgotten’, lays down rules for de-indexing judicial records
The Delhi HC judgment formalises the 'right to be forgotten' in the Indian judicial context, creating a framework for de-indexing court records from search engines — an extension of the privacy jurisprudence established in K.S. Puttaswamy v. Union of India (2017). This is highly relevant for GS II (Fundamental Rights, Judiciary) and GS IV (ethics of data privacy and digital dignity). It also intersects with the Digital Personal Data Protection Act, 2023, making it pertinent for both prelims and mains.
Key facts
- Judgment delivered by Justice Sachin Datta of the Delhi High Court; 144 pages in length.
- Recognises 'right to be forgotten' as a judicially enforceable right in India.
- Lays down a framework for de-indexing judicial records from search engines (e.g., Google).
- Also covers masking of personal identifiers from publicly accessible court records.
- Right to be forgotten flows from Article 21 (right to privacy) as affirmed in Puttaswamy (2017).
- India's Digital Personal Data Protection Act, 2023 also references the right to erasure/correction of personal data.
Justice Sachin Datta, in a 144-page judgment delivered on Friday, laid down a framework governing de-indexing of judicial records from search engines and masking of personal identifiers from publicly accessible court records.
Concepts to know
Guarantees protection of life and personal liberty. Courts have interpreted it broadly to include the right to live with dignity, which encompasses freedom from arbitrary detention of journalists and activists.
A legal concept allowing individuals to request removal or de-indexing of personal information from search engines or public databases; originates in EU's GDPR and is now being recognised in Indian jurisprudence as an extension of the right to privacy.
Landmark 9-judge Supreme Court verdict (2017) that unanimously declared privacy a fundamental right under the Indian Constitution, paving the way for data protection legislation and rights like the right to be forgotten.
India's primary legislation governing collection, processing, and protection of digital personal data. It mandates data fiduciaries (including government bodies) to implement security safeguards to prevent data breaches.
The process by which a specific URL or webpage is removed from a search engine's index so it no longer appears in search results, even if the underlying content still exists on the web.
A foundational principle of judicial systems stating that court proceedings and records should be publicly accessible to ensure transparency and accountability; the right to be forgotten must be balanced against this principle.
Linked previous-year questions
The UPSC questions this story connects to.
Under which of the following Articles of the Constitution of India has the Supreme Court of India placed the Right to Privacy? (a) Article 15 (b) Article 16 (c) Article 19 (d) Article 21
- a.Article 15
- b.Article 16
- c.Article 19
- d.Article 21 ✓
Polity · UPSC 2024Match List I (Articles of the Constitution of India) with List II (Provision) and select the correct answer using the codes given below the lists: List–I A. Article 14 B. Article 15 C. Article 16 D. Article 17 List–II 1. The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex place of birth or any of term. 2. The State shall not deny to any person equality before the law or the equal protection of laws within the territory of India. 3. 'Untouchability' is abolished and its practice in any form is forbidden. 4. There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State. (a) A-2, B-4, C-1, D-3 (b) A-3, B-1, C-4, D-2 (c) A-2, B-1, C-4, D-3 (d) A-3, B-4, C-1, D-2
- a.A-2, B-4, C-1, D-3
- b.A-3, B-1, C-4, D-2
- c.A-2, B-1, C-4, D-3 ✓
- d.A-3, B-4, C-1, D-2
Polity · UPSC 2004'Right to Privacy' is protected under which Article of the Constitution of India? (a) Article 15 (b) Article 19 (c) Article 21 (d) Article 29
- a.Article 15
- b.Article 19
- c.Article 21 ✓
- d.Article 29
Polity · UPSC 2021Consider the following statements: 1. Pursuant to the report of H.N. Sanyal Committee, the Contempt of Courts Act, 1971 was passed. 2. The Constitution of India empowers the Supreme Court and the High Court to punish for contempt of themselves. 3. The Constitution of India defines Civil Contempt and Criminal Contempt. 4. In India, the Parliament is vested with the powers to make laws on Contempt of Court. Which of the above statements given above is/are correct? (a) 1 and 2 only (b) 1, 2 and 4 (c) 3 and 4 only (d) 3 only
- a.1 and 2 only
- b.1, 2 and 4 ✓
- c.3 and 4 only
- d.3 only
Polity · UPSC 2022Right to Privacy is protected as an intrinsic part of Right to Life and Personal Liberty. Which of the following in the Constitution of India correctly and appropriately imply the above statement? (a) Article 14 and the provisions under the 42nd Amendment to the Constitution (b) Article 17 and the Directive Principles of State Policy in Part IV (c) Article 21 and the freedoms guaranteed in Part III (d) Article 24 and the provisions under the 44th Amendment to the Constitution
- a.Article 14 and the provisions under the 42nd Amendment to the Constitution
- b.Article 17 and the Directive Principles of State Policy in Part IV
- c.Article 21 and the freedoms guaranteed in Part III ✓
- d.Article 24 and the provisions under the 44th Amendment to the Constitution
Polity · UPSC 2018Consider the following statements: 1. Article 301 pertains to the Right to Property. 2. Right to Property is a legal right but not a Fundamental Right. 3. Article 300 A was inserted in the Constitution of India by the Congress Government at the Centre by the 44th Constitutional Amendment. Which of the statements given above is/are correct? (a) 2 only (b) 2 and 3 (c) 1 and 3 (d) 1, 2 and 3
- a.2 only ✓
- b.2 and 3
- c.1 and 3
- d.1, 2 and 3
Polity · UPSC 2005
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