Laksh Vir Singh Yadav Vs Union of India & Ors (Delhi High Court)
The Delhi HC considered a batch of petitions seeking recognition and enforcement of the “right to be forgotten” under Article 21 of the Constitution in relation to judicial records, news reports and online content accessible through name-based internet searches. The petitions involved acquittals, discharged proceedings, quashed FIRs, matrimonial disputes, private civil matters, victims of sexual offences and other factual situations. The Court held that informational privacy under Article 21 can be enforced against non-State actors and that writ jurisdiction is maintainable in appropriate cases against intermediaries. It directed de-indexing or restriction of name-based search results in several matters where continued searchability disproportionately affected privacy and dignity after acquittal, discharge, settlement, quashing of proceedings or in purely private disputes, while permitting parties to seek masking from the concerned courts. The Court specifically directed protection of the identity of victims of sexual offences, including requiring Indian Kanoon to implement safeguards against disclosure. However, relief was declined in certain cases, including where the petitioner was a public figure or where continuing public interest outweighed the claim. The Court directed compliance within two weeks, required MEITY to ensure compliance by intermediaries, and disposed of the petitions.
