Recognised But Not Realised: The Right To Be Forgotten In India’s Evolving Legal Framework
- IJLLR Journal
- 29 minutes ago
- 2 min read
Sai Prarthana M, School of Excellence in Law, Tamil Nadu Dr. Ambedkar Law University, Chennai.
ABSTRACT:
This research paper analysis the historical evolution, international perspective and the contemporary modern realities of the right to be forgotten, now at its very nascent stage of recognition under the Digital Personal Data Protection Act, 2023, read with its Rules of 2025. It traces the historical evolution from the recognition of the right to privacy as a fundamental right under Article 21 of the Constitution of India, 1950 to its newest specie with respect to informational autonomy and privacy, the right to be forgotten, by analysing the legislative jurisprudence formulated over the years, since its inception in the cases of MP Sharma and Kharak Singh. The paper also studies the international undertones of the right of erasure, recognised under the General Data Protection Regulation, 2016 of the European Union, which serves as the foundation for the legal framework established by the United Kingdom. It also analysis the lack of a coherent federal framework on the right to be forgotten in the United States akin to that of India, EU or the UK, although certain inchoate state legislations exist. The paper then analyses the case laws which are currently in vogue pertaining to the right, although they are few in number owing to its incipient stage. In conclusion, the study concludes with the question of the right’s enforcement in light of the tremendous growth of Artificial Intelligence, specifically Generative Artificial Intelligence, which questions the enforceability and effectiveness of the right in its entirety, thus requiring a tighter framework to ensure proper recognition and protection.
Keywords: Right to be Forgotten – Right of Erasure – Right to Privacy – Data Protection – Artificial Intelligence.
