Delhi HC Recognizes 'Right to Be Forgotten,' Sets Guidelines for Court Records

The Delhi High Court, in a landmark decision on June 1, 2026, has definitively recognized the "right to be forgotten" as an intrinsic component of the fundamental right to privacy guaranteed under Article 21 of the Indian Constitution. This pivotal ruling, delivered by Justice Sachin Datta in a consolidated batch of over thirty writ petitions, provides a comprehensive legal framework for individuals seeking to protect their personal information from perpetual online accessibility in judicial records. The judgment establishes clear guidelines for the masking of personal details in court orders, particularly where their continued online presence causes disproportionate harm to an individual's privacy, dignity, and reputation. The petitions considered by the court involved a diverse range of individuals, including those who had been acquitted of criminal charges, parties to matrimonial disputes, and individuals whose names appeared incidentally in court proceedings but were no longer relevant or served a legitimate public purpose. A common grievance articulated was the persistent damage to their professional and personal lives caused by online search results linking them to past legal disputes, even after favorable outcomes or the conclusion of proceedings. Justice Datta's 144-page judgment meticulously outlines the scope and application of the right to be forgotten in the digital age. The court held that in a society where digital records are virtually indelible, the ability to seek erasure or masking of information is crucial for maintaining informational self-determination. This protects individuals from the perpetual exposure to past events that may have lost their relevance, thereby preserving their dignity and autonomy. The ruling emphasizes that the right to be forgotten is not an absolute right and must be balanced against competing constitutional values, including freedom of speech, freedom of the press, the principle of open justice, and the public's right to know. A key aspect of the ruling is the framework for de-indexing and masking. De-indexing refers to the process by which search engines like Google are directed to remove specific judgments or orders from name-based search results. Masking, on the other hand, involves concealing names and personal identifiers from the publicly accessible digital versions of judicial records, while the original records, including the reasoning, findings, and legal conclusions, remain intact and accessible for legitimate legal purposes. The court clarified that masking does not equate to censorship or alteration of judicial reasoning; rather, it ensures that a person's name does not become the primary tool for easy public access to sensitive court records. The Delhi High Court has issued specific directions to search engine operators, including Google LLC, Google Inc., and Google India Private Limited, to de-index relevant content, judgments, orders, and associated reportage from name-based search results in cases where relief has been granted. Furthermore, legal database platforms such as Indian Kanoon have been directed to disable name-based search functionality in respect of these masked records, while still permitting access through case numbers, citations, court details, and dates. This ensures that while privacy is protected, the integrity and accessibility of judicial records for legal professionals and researchers are maintained. The Ministry of Electronics and Information Technology (MEITY) has been directed to ensure compliance with these directions by all respondent intermediaries within a stipulated timeframe. The court also noted the absence of a comprehensive statutory framework for the right to be forgotten in India but affirmed that constitutional courts possess the power to enforce this right as a facet of Article 21. The ruling acknowledged that while transparency in judicial proceedings is essential, it does not necessitate the perpetual, name-based digital searchability of judicial records, especially when such accessibility becomes disproportionately harmful to individuals long after legal proceedings have concluded. The judgment establishes that when an acquittal or discharge has occurred, and continued online association with past allegations no longer serves a legitimate public interest, the right to privacy and dignity of the individual can outweigh the principle of open justice. Certain categories of cases, such as convictions for offences against women or children, breaches of public trust, and offences involving public servants or elected representatives, may be excluded from such de-indexing or masking relief, thereby maintaining a balance between privacy and public interest. The decision is expected to have a significant impact on how digital information related to legal proceedings is accessed and managed in India, offering a crucial mechanism for individuals to reclaim control over their digital footprint and live with dignity, free from the perpetual shadow of past, resolved legal entanglements. The court also recognized that judicial forums may review or revoke masking orders if circumstances change, and applications for such relief should be decided promptly due to the continuing harm caused by online disclosure of personal information.

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