Delhi HC Establishes Judicial Framework for 'Right to Be Forgotten' Under Article 21

Hindustan Times - India · 3 Jun 2026 · 2 min read
Prelims · Polity Mains · GS2 Polity and constitution High relevance

The Delhi High Court has created India's first judicial framework for enforcing the 'right to be forgotten', recognizing it as an integral facet of the fundamental right to privacy under Article 21, with significant implications for digital rights and personal data protection.

Key points

Right to be forgotten has been recognized as an integral facet of the fundamental right to privacy under Article 21 by the Delhi High Court, expanding constitutional protections in the digital age.

The court established two mechanisms: de-indexing (removing names from search results) and masking (replacing identifiers in court records), creating a balance between privacy and public interest.

[GS2-Polity] This judgment builds upon the Justice K.S. Puttaswamy (Retd) vs Union Of India privacy verdict, operationalizing privacy rights in practical judicial terms.

The framework specifies that relief should be granted based on: outcome of proceedings, public role of the individual, accuracy of information, and continuing relevance - applying the proportionality test.

Exceptions were carved out for cases involving offenses against women/children or breach of public trust, maintaining transparency in matters of significant public interest.

[GS3-Technology] The global applicability of de-indexing directions addresses cross-border data flow challenges, setting a precedent for India's approach to data sovereignty in digital governance.

The judgment cited the Google Spain SL case from EU jurisprudence, demonstrating judicial engagement with comparative data protection frameworks.

This connects to GS2-Governance by providing a template for implementing the Digital Personal Data Protection Act, 2023 provisions on data erasure.

Way Forward: India should establish clear guidelines for search engines/platforms on compliance, create a specialized tribunal for right-to-be-forgotten claims, and integrate this framework with the Data Protection Board's functioning under the DPDP Act.

Key terms

Proportionality test

A legal principle requiring that any restriction on fundamental rights must be proportionate to the legitimate aim pursued. In this context, it weighs privacy harm against public interest in information accessibility, forming the core of the Delhi HC's framework for right-to-be-forgotten cases.

De-indexing

A technical process where search engines remove specific URLs from search results while keeping content intact on source websites. Distinguished from content removal, it's a balanced approach to protect privacy without censorship, now recognized as a remedy under Indian privacy jurisprudence.

Right to be forgotten

A legal concept allowing individuals to request removal of personal information from digital platforms. Recognized under Article 21 in India after the Puttaswamy judgment, it balances privacy rights with freedom of expression and public interest, particularly relevant for acquitted persons seeking to move past old allegations.

Article 21

The fundamental right to life and personal liberty under the Indian Constitution, judicially expanded to include privacy, dignity, and now the right to be forgotten. Forms the constitutional basis for many civil liberties and has been central to landmark judgments on privacy (Puttaswamy), euthanasia (Aruna Shanbaug), and environmental rights.