RIGHT TO BE FORGOTTEN IN INDIA: HOW TO BALANCE PRIVACY AND FREEDOM OF SPEECH

By: Ragini Mani Tripathi

ABSTRACT

Today everything stays on the internet forever. If someone was in a court case, had a personal fight, or was in some old news, that information keeps coming up on Google even after the matter is over. This creates problems for privacy, respect and normal life.

Right to Be Forgotten means that in some cases, a person can ask to remove or hide such old personal information from search results. But this right is not simple. If we start deleting everything, it will hurt freedom of speech, right to information and open justice.

This article talks about how this right comes from Article 21 and how it clashes with Article 19(1)(a). It also talks about the Digital Personal Data Protection Act, 2023 and important court cases, especially the Delhi High Court case of Laksh Vir Singh Yadav in 2026. India needs a balanced law which protects dignity but does not hide public information.

Keywords: Right to Be Forgotten, Right to Privacy, Article 21, Freedom of Speech, DPDP Act 2023, Open Justice.

1. INTRODUCTION

Internet has changed everything. Now anyone can find information about anyone within seconds. This is useful, but it has one big problem. Once something goes online, it stays there for years.

For example, a person was charged in a criminal case but later got acquitted. Still, when someone searches his name, the old case shows up. Because of this he faces problems in job, marriage and society. Same happens with divorce or family disputes.

So the question is, should a person get a chance to move on in life? Should he be allowed to ask that old personal information should not keep showing up?

Right to Be Forgotten tries to answer this. It protects privacy and dignity.

But it does not mean a person can erase anything he wants. We also have to protect freedom of speech, right to information and public interest.

So we need a balance between privacy and transparency.

2. WHAT IS RIGHT TO BE FORGOTTEN

In simple words, it means a person can, in proper cases, ask to remove, delete or hide his personal information from public platforms.

The idea is simple. A person should not be judged forever by his past, especially when that information is now old, wrong, or not needed anymore.

For example, if a court has acquitted a person, but Google still shows his name with that criminal case, he can ask for relief to save his reputation.

Here we need to understand two different things:

Right to Erasure: Deleting the data which a company or website is holding about you.

Right to De-indexing: Not deleting the original news or judgment, but removing the link from search results when someone searches your name.

So Right to Be Forgotten does not always mean destroying history. Sometimes it only means making it less easy to find.

3. CONSTITUTIONAL BASIS IN INDIA

Constitution does not directly mention Right to Be Forgotten. But it comes from right to privacy under Article 21.

3.1 Article 21 - Right to Life and Personal Liberty

Article 21 says no person shall be deprived of his life or personal liberty except according to procedure established by law.

Supreme Court has said Article 21 also includes right to live with dignity. If old personal information keeps circulating, it hurts dignity and private life. That is why Right to Be Forgotten is linked with Article 21.

3.2 Article 19(1)(a) - Freedom of Speech and Expression

Article 19(1)(a) gives freedom of speech and expression.

This includes right to share information, write news, and discuss public matters. If we allow deletion of information too easily, it will affect journalists, researchers and common people who want to know things.

So any restriction on information has to be properly justified.

3.3 Article 19(2) - Reasonable Restrictions

Article 19(2) allows reasonable restrictions on speech on grounds like defamation, public order, decency and morality.

But only saying "privacy" is not enough to delete everything. Court has to check if restriction is reasonable and proportionate.

We need to protect both privacy and freedom.

4. LAW ON RIGHT TO BE FORGOTTEN IN INDIA

India does not have a separate full law only for Right to Be Forgotten. But some laws are relevant.

4.1 Digital Personal Data Protection Act, 2023

This is the main data protection law of India.

Section 12 gives right of correction and erasure of personal data. It says a person can ask for correction, updating and erasure of his data.

But this right is not absolute. If data is needed for some legal purpose or legal duty, the company can keep it.

Important point: DPDP Rules, 2025 were notified on 14 November 2025. But the Act is coming into force in phases. As on 10 November 2026, Section 12 is not yet in force. It is scheduled to come into force on 13 May 2027.

4.2 Information Technology Act, 2000

This Act deals with electronic records and online platforms.

Section 69A gives power to Central Government to block public access to online information on certain legal grounds and after following proper procedure.

Section 79 gives conditional protection to intermediaries like Google, Facebook etc. for third party content, if they follow the rules.

These sections are not directly Right to Be Forgotten, but they become important when we talk about duties of online platforms.

*5. IMPORTANT COURT CASES*

5.1 Justice K.S. Puttaswamy v. Union of India (2017)

This is the biggest case on privacy in India. Nine judges unanimously held that right to privacy is a fundamental right under Article 21.

Justice Sanjay Kishan Kaul in his separate opinion also talked about Right to Be Forgotten.

This case gave constitutional base to informational privacy.

5.2 Jorawar Singh Mundy v. Union of India (2021)

In this case, Delhi High Court dealt with a person who was acquitted in a criminal case but the judgment was still easily available online. He said it was affecting his personal and professional life.

This case showed the practical problem people face when court records stay on Google.

5.3 Laksh Vir Singh Yadav v. Union of India & Ors. (2026)

This is a very important recent case.

On 29 May 2026, Delhi High Court gave judgment on Right to Be Forgotten and online availability of court records.

The petitions were by people who wanted relief because their personal information was still appearing in search results, including cases of acquittal, discharge and matrimonial disputes.

Court held that Right to Be Forgotten is part of informational privacy under Article 21.

Court also talked about balance between privacy, reputation, freedom of speech and open justice.

Court suggested two main remedies:

1. De-indexing: Removing links from search results when someone searches the name.

2. Masking: Hiding names and personal details in online versions of judgments in proper cases.

This judgment is important because it does not just talk about privacy in theory, it gives a practical way to protect people.

But court also made it clear that this is not an unlimited right to erase court history. Public interest and open justice are still important.

6. BALANCING PRIVACY AND FREEDOM OF SPEECH

This is the hardest part. On one side, every person deserves dignity and privacy. On other side, society has right to know about public matters.

For example, removing an old personal photo from search which is causing harm and has no public value can be justified.

But removing real news about corruption or serious misconduct of a public person will hurt transparency.

So before granting relief, court should check:

- Is the information true or false?

- Is it old and no longer relevant?

- Is the person a public figure or private person?

- Is there any public interest in it?

- Is the harm disproportionate?

- Can we use a smaller remedy like de-indexing or masking instead of full deletion?

The aim should not be to erase history, but to stop unnecessary and excessive harm to privacy.

7. MAIN PROBLEMS IN IMPLEMENTING IT

1. Clash with Freedom of Speech: If we delete too much, it will restrict genuine speech and right to know.

2. No Separate Law: India still does not have a clear full law only for Right to Be Forgotten.

3. Public Records: Court judgments and public documents have historical and legal value. We cannot delete them easily.

4. Technical Problem: Even if one website deletes it, copies remain on other websites, social media and archives.

5. Misuse: Powerful people may use privacy to hide genuine criticism or public wrongdoing.

6. Lack of Awareness: Many people do not even know they have such remedy.

8. SUGGESTIONS

1. India should make clear rules for when a person can ask for removal, de-indexing or masking.

2. There should be a simple and transparent process to decide such requests.

3. Online platforms should have easy and time-bound grievance system.

4. Courts should check nature of information, public interest and proportionality before giving relief.

5. Special protection should be given to victims of sexual offences, children and vulnerable people.

6. Genuine journalism, research and historical records should be protected.

7. People should be made aware about digital privacy and remedies.

Law should protect a person from unnecessary online exposure, but privacy should not become a tool to hide true public information.

9. CONCLUSION

Right to Be Forgotten has become very important in today's digital world. Old information can keep hurting a person's dignity, reputation and future even after it has lost its value.

Puttaswamy case gave constitutional base to this right. Laksh Vir Singh Yadav case of 2026 took it a step further.

But this right is not absolute. It has to work with freedom of speech, open justice, public interest and right to information.

In my view, the aim of this right is not to erase history or hide truth. Its aim is to ensure that a person is not forced to live with his past forever on the internet when that information no longer serves any real purpose.

At the end, law must accept that every person has a past, but no one should be punished forever for that past in the digital world.

Author: Ragini Mani Tripathi 

(Legal Researcher )

 Manu Law College