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9 July 2026

Delhi HC ruling on right to be forgotten

This is a landmark judicial development concerning the fundamental right to privacy under Article 21, directly impacting the balance between digital rights, open justice, and the DPDP Act.

2 min read Day 1 of 2 2 questions 2 prelims

Notes

  • The 'right to be forgotten' allows for the erasure or de-indexing of information from the public digital environment when its accessibility is harmful and lacks public interest.
  • Origin: 2014 European Court of Justice ruling (Mario Costeja González v. Google) regarding outdated debt information.
  • Legal Basis in India: K.S. Puttaswamy v. Union of India (2017) established privacy as a fundamental right under Article 21, including informational privacy.
  • Delhi High Court Ruling (May 2026, Laksh Vir Singh Yadav v. Union of India): The court held that the right to be forgotten is derived from Article 21 (dignity and informational privacy).
  • Proportionality Test: Retention must have a legitimate purpose; privacy harm must be balanced against public interest; least intrusive means (masking names) should be preferred over total deletion.
  • Implementation: Legal databases must comply within two weeks; only party names should be redacted, not case facts.
  • Conflict: The right often clashes with Article 19(1)(a) (freedom of speech/press) and the principle of 'open justice'.
  • Digital Personal Data Protection Act (DPDP), 2023: Section 12 provides a limited statutory right to erasure, but lacks explicit provisions for judicial records and public archives.
  • Challenges: Enforcement is difficult due to search engine algorithms, mirror sites, and social media sharing; current mechanisms lack a clear institutional framework for adjudicating requests.

Part of a longer story

This is day 1 of 2 in Judicial recognition of the right to be forgotten in India, which has been running since 9 July 2026. Reading it whole is usually worth more than reading today alone — the exam asks how something developed.

Questions

  1. Discuss the evolution of the 'right to be forgotten' in Indian jurisprudence and its reconciliation with the principle of 'open justice' as highlighted by the Delhi High Court. 150 words
    Attempt this — 150 words in 8 min
    0 / 150 words 8:00
  2. The right to informational privacy must be balanced against the public's right to know and the freedom of the press. In light of recent judicial developments, evaluate the challenges in implementing the 'right to be forgotten' within the existing legal framework of the Digital Personal Data Protection Act, 2023. 250 words
    Attempt this — 250 words in 11 min
    0 / 250 words 11:00

Prelims

  1. Which of the following best describes the 'right to be forgotten' as interpreted by the Delhi High Court?

  2. In the context of the 'right to be forgotten', what is the significance of the K.S. Puttaswamy v. Union of India (2017) judgment?