The right to be forgotten and its challenges
The right to be forgotten sits at the intersection of Article 21 (privacy/dignity), freedom of speech (Article 19), and open justice — all core GS II topics. The court's proportionality framework mirrors Supreme Court's Puttaswamy judgment logic, making it an important doctrinal development. With the Digital Personal Data Protection Act 2023 also in the picture, this ruling ties together constitutional law and emerging data governance for both Prelims and Mains.
Key facts
- Delhi High Court held that the right to be forgotten flows from Article 21's guarantee of dignity and informational privacy.
- Court preferred name-masking over deletion of entire judgments as the least intrusive remedy.
- A structured proportionality test was laid down: legitimate purpose → balance of privacy harm vs public interest → least intrusive means.
- The ruling balances informational privacy against open justice and freedom of speech under Article 19.
- The right to be forgotten in India does not mean erasing court records but anonymising personal identifiers in judgments.
The Delhi High Court has recognised the right to be forgotten as part of the fundamental right to privacy under Article 21, laying down a framework that balances informational privacy with open justice and freedom of speech by favouring name-masking over deletion of judgments. The court held that the right to be forgotten flows from Article 21’s guarantee of dignity and informational privacy. The structured proportionality test is that retention must have a legitimate purpose, that the harm to privacy must be balanced against the public interest, and that the least intrusive means, typically by masking names instead of deleting the entire judgment, should be preferred.
Concepts to know
Article 21 of the Constitution guarantees the right to life and personal liberty; the Supreme Court has interpreted it to include the right to shelter/housing as part of the right to live with dignity.
A data-privacy principle allowing individuals to request removal or anonymisation of personal information from public records or online platforms; in India it is derived from Article 21 rather than an explicit statute, and courts balance it against open justice and free speech.
A judicial doctrine requiring that any restriction on a fundamental right must have a legitimate aim, be rationally connected to that aim, be the least restrictive option available, and not have a disproportionate impact — used extensively in privacy jurisprudence.
India's landmark data protection legislation that, among other provisions, mandates verifiable parental consent before processing personal data of children (under 18) and restricts behavioural targeting of minors.
Landmark 2017 nine-judge Supreme Court judgment that unanimously recognised privacy as a fundamental right under Articles 14, 19, and 21, forming the constitutional basis for the right to be forgotten in India.
Guarantees freedoms including speech and expression; in the right-to-be-forgotten context it represents open justice and public access to court records, which courts must weigh against privacy claims under Article 21.
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 2024'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 2021Right 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 2018Match 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 2004Consider 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 2005With reference to the Speaker of the Lok Sabha, consider the following statements: While any resolution for the removal of the Speaker of the Lok Sabha is under consideration. 1. He/she shall not preside. 2. He/She shall not have the right to speak. 3. He/She shall not be entitled to vote on the resolution in the first instance. Which of the statements given above is/are correct? (a) 1 only (b) 1 and 2 only (c) 2 and 3 only (d) 1, 2 and 3
- a.1 only ✓
- b.1 and 2 only
- c.2 and 3 only
- d.1, 2 and 3
Polity · UPSC 2024
Get the full brief — free
Every story syllabus-mapped, the exact NCERT page to revise, a daily MCQ quiz and more — start free, no card needed.
Start free →