Right To Be Forgotten: Delhi High Court Asks Indian Kanoon To Consider Blocking Judgment Concerning Matrimonial Dispute

The Delhi High Court on Friday asked Indian Kanoon to consider blocking access of a trial court judgment concerning a matrimonial dispute in a plea invoking the right to be forgotten.

Justice V Kameswar Rao issued notice on the petition which had sought removal of the said judgment and posted the matter for further hearing on February 17 along with other similar matters involving the question of right to be forgotten.

As the petitioner counsel requested that Indian Kanoon may be restrained till the matter is pending consideration before the Court, the Court ordered thus:

"Since I have issued notice to Respondent no. 2 for 17th February when other pending matters are listed, appropriate shall be that respondent no. 2 consider blocking the judgment dated 09.08.2018 passed by the Special Judge, Dwarka Courts, New Delhi."

The plea was filed by a woman who was aggrieved by the availability and accessibility of the judgment on Indian Kanoon through search engines like Google. It was her case that the judgment included her personal details like address and other vital information.

Asserting her right to be forgotten, the petitioner had relied on an order passed by Justice Pratibha M Singh in April last year granting interim protection to an American Citizen of Indian origin by directing Indian Kanoon to block the judgement of his acquittal under NDPS Act from being accessed by using search engines such as Google/Yahoo etc.

On the other hand, Google told the Court that the said order was passed ex-parte for which a modification has been sought.

The Court is seized of other petitions involving the question of right to be forgotten. 

Recently, Centre had informed the Court that the fundamental right of Right to Privacy also includes the Right to be Forgotten and that the Personal Data Protection Bill 2019 contains provisions related to the doctrine.

In an affidavit filed in a plea moved by two businessmen acquitted in a forgery case, Centre had further submitted that Indian courts have also accepted the doctrine of right to be forgotten as an essential part of "right to privacy" by referring to the judgments delivered by Orissa High Court and Karnataka High Court.

Right To Privacy Includes Right To Be Forgotten, Personal Data Protection Bill Contains Provision For It: Centre Tells Delhi High Court