Right To Be Forgotten In India: A Doctrinal And Judicial Analysis
- IJLLR Journal
- Apr 6
- 1 min read
Sumit Sharma, Jagannath University, Jaipur, Rajasthan
Dr. Alaknanda Rajawat, Jagannath University, Jaipur, Rajasthan
ABSTRACT
With the rapid expansion of digital platforms and the increasing dependence on the internet for communication, governance, and commerce, personal information is now stored, processed, and disseminated on an unprecedented scale. Digital footprints created by individuals—whether through social media, judicial records, or online publications—often remain accessible indefinitely. This permanence raises significant concerns relating to privacy, dignity, autonomy, and the long-term consequences of digital exposure.
The concept of the Right to be Forgotten has emerged as a response to these concerns. It enables individuals to seek removal, erasure, or restriction of access to personal data that is no longer necessary, is inaccurate, or disproportionately affects their reputation and privacy. While jurisdictions such as the European Union have formally recognized this right under data protection laws, India does not yet have an explicit statutory recognition of the Right to be Forgotten.
In the Indian context, this right has evolved through judicial interpretation, particularly under the right to privacy as recognized under Article 21 of the Constitution. Courts have addressed the issue in specific factual circumstances, especially where continued public access to personal information causes unjustified harm.
This article undertakes a doctrinal and judicial analysis of the Right to be Forgotten in India. It examines constitutional principles, statutory provisions, and key judicial decisions to assess the scope, limitations, and practical challenges associated with this emerging right.
Keywords: Right to be Forgotten, Privacy, Article 21, Data Protection, Digital Rights, Cyber Law, Case Laws
