Legal Evolution of the Right to Be Forgotten in India: A Systematic Review of Judicial, Statutory, and Policy Developments

Abstract

The right to be forgotten (RTBF) occupies a contested space in Indian data protection law, emerging from the constitutional recognition of privacy in Justice K.S. Puttaswamy v. Union of India (2017) yet remaining without explicit statutory codification. This systematic review maps the judicial, statutory, and policy developments shaping RTBF in India, with the objective of identifying doctrinal inconsistencies, legislative gaps, and the implications for individual privacy rights. Indian high courts have granted RTBF relief in specific contexts—such as cases involving sexual offense victims or acquitted individuals—while simultaneously emphasizing the public's right to access judicial records. The Digital Personal Data Protection Act, 2023, introduces a statutory erasure right but omits the term "right to be forgotten" and lacks mechanisms for de-indexing, thereby creating a disconnect between legislative intent and judicial practice. Comparative analysis with the European Union's GDPR framework highlights India's reliance on case-by-case adjudication rather than a structured proportionality test, leading to inconsistent enforcement. Key gaps include the absence of an independent data protection authority with binding powers, unclear standards for balancing RTBF against freedom of expression, and insufficient guidance for data fiduciaries. We conclude that India's RTBF framework remains critically underdeveloped; without coherent statutory provisions and regulatory oversight, individuals face diminished control over their digital identities, and platforms encounter compliance uncertainty. Future reforms should prioritize explicit RTBF provisions, a centralized enforcement body, and guidelines tailored to emerging technologies.