Delhi High Court Recognises ‘Right to Be Forgotten’

The Delhi High Court judgment in ‘Laksh Vir Singh Yadav v. Union of India & Ors’ provides for an individual’s ‘Right to Be Forgotten’ as an integral facet of the fundamental right to privacy under Article 21. The judgment provides for principles on de-indexing or masking names in court records, with specified applications and exceptions.

Delhi High Court Judgment: ‘Right to Be Forgotten’ 

Dimension	Key Details
Case and authority	The Delhi High Court judgment in ‘Laksh Vir Singh Yadav v. Union of India & Ors’ provides for the ‘Right to Be Forgotten’ in the context of court records.
Constitutional linkage	It provides for the ‘Right to Be Forgotten’ as an integral facet of the fundamental right to privacy under Article 21.
Right to be forgotten	It comprises the right to seek removal or restricted access to personal information from public accessibility that no longer serves legitimate purpose.
Principles for court records	The judgment provides for detailed principles for when names can be de-indexed or masked in court records.
Meaning and effect	De-indexing provides for removing a person's name as a searchable key without deleting the record, limiting access through name-based searches.
Operation	De-indexing provides for operation globally.
Application	De-indexing applies to cases ending in acquittal and discharge.
Exceptions	It cannot be applied in cases against women, children, or breach of public trust.
Masking	Masking provides for replacing names and personal identifiers in judicial records with neutral labels, such as XYZ.