'Right To Be Forgotten' : Supreme Court Directs Registry To Examine A Litigant's Request To Erase Names/ Address From Order

The Supreme Court, in an order passed recently, called upon its Registry to examine the plea of a litigant based on 'right to be forgotten' and 'right of eraser'.

"We thus, call upon the Registry of the Supreme Court to examine the issue and to work out how the name of both the petitioner and respondent No.1 along with address details can be masked so that they do not appear visible for any search engine", the bench of Justices Sanjay Kishan Kaul and MM Sundresh observed.

A woman had filed a private complaint making various allegations (rape and other offences) against the accused. The Magistrate referred the case for investigation under Section 156(3) of Code of Criminal Procedure. On a petition filed by the accused, the Karnataka High Court set aside this order of the Magistrate on the ground that she had not filed any affidavit along with her petition. Assailing this order of the High Court, she approached the Apex Court. The Special Leave Petition filed by her was dismissed.

Thereafter, by filing a miscellaneous application, she urged the Court to remove/mask her name as well as the name of the respondent along with the address, identification details and case numbers to the extent that the same are not visible for search engines. She submitted that the display of her name in the public domain has caused immense loss by way of social stigma and infringement of her personal privacy. Even if the name of the respondent No.1 appears, it causes the same result, it was submitted. The respondent side also supported this plea.

The court noticed that the petitioner has raised the 'right to be forgotten' and 'right of eraser' being rights of privacy.

"We thus, call upon the Registry of the Supreme Court to examine the issue and to work out how the name of both the petitioner and respondent No.1 along with address details can be masked so that they do not appear visible for any search engine..The needful be done within three weeks from today by the Registry.", the bench said in the order.

Note: As the record of proceedings of this case/order uploaded in the Supreme Court website carries the name of the respondent, the order appended to this report has masked the respondent's name. 

Case details

X vs Y | 2022 LiveLaw (SC) 618 | Justices Sanjay Kishan Kaul and MM Sundresh

Constitution of India, 1950 ; Article 21 - Right Of Privacy - Right to be forgotten - Right of eraser - SC Registry directed to examine the issue and to work out how the name of both the petitioner and respondent No.1 along with address details can be masked so that they do not appear visible for any search engine. 

Click here to read/download the order