oppn parties Right To Be Forgotten: I Called It Impossible in India. The Delhi High Court Proved Me Wrong.

News Snippets

  • Supreme Court questions the continuing relevance of two-child norms. The Court observed that falling fertility rates have weakened the population-control rationale behind laws disqualifying people with more than two children from contesting local body elections. It referred the issue to a larger Bench for consideration
  • Supreme Court declines to shift Tirupati laddu case outside Andhra Pradesh. The Court rejected a plea seeking transfer of the trial, despite arguments that political statements by Andhra Pradesh's Chief Minister and Deputy Chief Minister could affect the fairness of proceedings
  • Supreme Court transfers Azam Khan's fresh ED bail plea to Allahabad High Court. The apex court declined to consider the Samajwadi Party leader's bail request in a fresh Enforcement Directorate case and directed that it be listed before a division Bench of the High Court on November 16
  • Two killed in Delhi building collapse; contractor booked. Two bodies were recovered after a building collapsed in Chawri Bazaar. Delhi Chief Minister Rekha Gupta said the contractor had been booked and the concerned junior and assistant engineers suspended
  • Uttar Pradesh voter rolls show a 2.4-crore discrepancy. A difference of approximately 2.4 crore names has been reported between the state's panchayat and rural Assembly voter lists. The Election Commission has ordered the two sets of rolls to be matched
  • Gujarat announces 3% dearness allowance hike. The state government announced a three-percentage-point increase in dearness allowance for government employees and pensioners ahead of Diwali
  • Sensex and Nifty post their strongest single-day gains in months. The Sensex surged 2,008.61 points, or 2.60%, to close at 79,310.01, while the Nifty 50 climbed 576 points, or 2.40%, to 24,536.60. Financial and automobile stocks led the rally, supported by falling crude prices and renewed foreign investor buying
  • Maaya Rajeshwaran reaches WTA-level quarter-final. The 17-year-old Indian defeated Poland's Weronika Falkowska 6-4, 6-3, becoming the first Indian woman since Sania Mirza in 2012 to reach a quarter-final at a WTA Tour-level singles event
  • Tanvi Patri reaches Youth Olympics badminton final. The 15-year-old defeated Japan's Yuzuno Watanabe in the semi-final, assuring India of a medal and becoming the first Indian badminton player to reach the girls' singles final at the Youth Olympics
  • India beat Pakistan 3-2 in SAFF Championship. India defeated Pakistan in a closely contested match, having led 3-0 before conceding two late goals. The victory was reported as a significant result for India's second-string side
  • India beat Japan 4-1 to win a record sixth Asian Champions Trophy. India recovered from an early deficit to defeat Japan in the final at Mohali, extending its record as the tournament's most successful men's team
  • The Supreme Court issued notice to the Centre and the Election Commission on a petition challenging Section 16 of the Chief Election Commissioner and Other Election Commissioners Act, 2023, which grants the CEC and Election Commissioners protection from legal proceedings for acts performed in their official duties. The petition argues that such blanket immunity could leave citizens without an effective remedy for alleged wrongdoing by the Commission
  • The Supreme Court told voters whose names were deleted from Delhi's draft electoral rolls not to be apprehensive about seeking re-enrolment through Form 6, after the Election Commission assured it that such applicants would not be prosecuted merely because their names had appeared in earlier rolls
  • Congress leader Rahul Gandhi opened the party's campaign for the 2027 Punjab Assembly elections with an Insaaf rally in Sangrur, Chief Minister Bhagwant Mann's home district, accusing the AAP government of failing to control drugs, gangster violence and corruption. Congress president Mallikarjun Kharge outlined six commitments, including a drug-free Punjab, protection of farmers, employment for young people and action against corruption
  • Rahul Gandhi accused the AAP government of running Punjab through a remote control from Delhi and questioned Bhagwant Mann's ability to tackle drug abuse, making personal allegations about the Chief Minister's conduct during their time together in Parliament
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Right To Be Forgotten: I Called It Impossible in India. The Delhi High Court Proved Me Wrong.

By Sunil Garodia
First publised on 2026-07-11 15:01:46

About the Author

Sunil Garodia Editor-in-Chief of indiacommentary.com. Current Affairs analyst and political commentator. Author of Cyber Scams in India, Digital Arrest, The Money Trap and The Human Hack

In 2019, writing on the European right to be forgotten for The Statesman, I noted one plain fact. Whatever protection Mario Costeja Gonzalez had won in Spain, an Indian citizen had none. There was no forum, no framework, no recourse. Seven years later, the Delhi High Court has closed that gap. The right to be forgotten is now Indian law.

The court's ruling, delivered on May 29 in a batch of thirty petitions led by Laksh Vir Singh Yadav v. Union of India, does what I said in 2019 no Indian court could do on its own. It reads the right to erasure into Article 21. It gives citizens a legal basis to ask for judgments, court orders and old news reports about them to be de-indexed or masked. This is not a small thing. It is the first time an Indian court has drawn a workable line between a citizen's privacy and the public's right to know.

But read past the headline and the old problem I flagged in 2019 is still sitting there, mostly unsolved.

De-indexing is not deletion. I wrote in 2019 that removing a search link does nothing to the document that generated it. The same document turns up the moment someone searches by different words, or on a different engine, or finds it mirrored on another site. The Delhi High Court's own order concedes this. De-indexing benefits the casual search. It does nothing to court archives, media mirrors or social media reposts. The court has essentially formalised the workaround I described in Mario's case: you can hide the front door, but the house is still standing.

The enforcement machinery does not exist yet. The ruling leans on Section 12 of the Digital Personal Data Protection Act, 2023, for its statutory anchor. But the Data Protection Board that is supposed to administer erasure requests has not been notified. There is no functioning institution to receive a claim, weigh it against a newspaper's right to report or a litigant's right to a public trial, and enforce a decision. Until the Board exists, this right is a principle on paper, not a remedy a citizen can actually use.

Nobody has settled who decides. The court has proposed a tiered structure: platforms first, then the data protection board, then the courts for harder cases. This is sensible in theory. In practice it multiplies the number of gatekeepers a citizen must persuade before an old FIR or a settled criminal case stops surfacing next to their name. Every additional layer is a place the request can stall.

The masking order is a stopgap, not a settlement. The court has ordered a two-week window for petitioners' names to be redacted from digital databases while the larger legal architecture is built. That is triage, not resolution. It buys time. It does not answer what happens when the Supreme Court, which is now seized of the matter, takes a different view of where privacy ends and open justice begins.

None of this makes the ruling meaningless. It is the first time India has acknowledged, at the level of a High Court, that a citizen's digital footprint is not simply the internet's to keep forever. That is real progress from where things stood when I wrote about Mario Costeja Gonzalez's fight with Google. But the gap between having a right and being able to exercise one is exactly where India now stands. My 2019 piece asked whether Indian citizens would ever get the recourse Europeans had. The Delhi High Court has answered yes, in principle. It has not yet answered how.

Three things need to happen before this right means anything to an ordinary citizen. The Data Protection Board needs to be constituted and staffed without further delay. The tiered review process needs published timelines, not administrative discretion, so a request does not die of inaction. And the Supreme Court needs to resolve the tension between de-indexing and source deletion before High Courts across the country start ruling differently on the same question. Until then, the right to be forgotten in India is a door the Delhi High Court has unlocked. Nobody has yet built the room behind it.