Mr Anuprash Rajat & Mr Gaurav Bharti, Assistant Professor (School of Law) IFTM University Moradabad, U.P. 244102
ABSTRACT
Right to be forgotten (RTBF) is the right to remove personal data from internet searches in special circumstances. Recently, the Supreme Court recognised the ‘right to be forgotten’ as phase of ‘right to privacy’ and ordered to improve a mechanism of putting off personal details of litigants involved in matrimonial litigation. The bench was thinking about a plea of female which stated that; her private records must either be deleted or masked from judgement of her case because the judgement is easily on hand to public. Though the judgement masked women’s identity, but printed the identification of her husband, although which acquaintances had been able to hyperlink her with the case. This was once leading to giant loss for her, thru social stigma.
She maintained that, such type of public visibility was towards her proper to privacy, which also includes the proper to be forgotten. The issue of the right to be forgotten was in the news recently when a US citizen of Indian origin filed a petition to overturn his sentence, which is still available in internet searches. The Delhi High Court issued an order in April 2021 recognizing the "applicant's right to be forgotten" and ordering Google and Kanoon India to cancel the court order relating to the person. In India, in K.S. Puttuswamy v. Union of India1. It has been accepted that the right to be forgotten is part of it right to privacy. But there is no legal framework to enforce the right to be forgotten. In this article I have discussed its meaning, origin and application in India.
