The Right To Be Forgotten In This New Era Of Digitalization
Dr. Gunjan Srivastava, Assistant Professor, School of Legal Studies, BBDU
Ashish Pratap Singh, Ph.D, School of Legal Studies, BBD
ABSTRACT
The emergence of the “Right to be Forgotten” as a judicially enforceable constitutional right in the Indian law marks a significant change in the privacy. This article critically analyses the Delhi High Court’s landmark decision in Laksh Vir Singh Yadav v. Union of India, 2026:DHC:4891, delivered by the Hon’ble Mr. Justice Sachin Datta. The Hon’ble Justice, while deciding the future of the Right to be Forgotten, also took into the consideration by the decisions of the foreign Courts. Further, this article explores the foundational basis of the right to be forgotten, rooted in right to the privacy which is enshrined as fundamental right under Article 21 of the Constitution of India. The hon’ble justice Datta has given light on the judgement of Justice K.S Puttaswamy Vs. Union of India from where the concept of the privacy have been evolved and recognised and a status of the fundamental right is being given by widening the ambit of the Article 21 right to life with liberty.
Keywords: Right to be Forgotten, Privacy, Online Realm, Article 21.
