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A Study on Right to Forgotten with Right to Life under Article 21 of Indian Constitution

Authors:

Debaditya Das

University School of Law, Desh Bhagat University, Mandi Gobindgarh, Punjab

Dr. Arti

Assistant Professor University School of Law, Desh Bhagat University, Mandi Gobindgarh, Punjab

Abstract: The emergence of the digital age has brought with it new challenges to individual privacy, especially concerning personal data retention and its accessibility online. One such evolving concept is the Right to be Forgotten (RTBF), which seeks to empower individuals to have certain personal data erased from the internet, thereby safeguarding their dignity and privacy. In India, the Right to be Forgotten is not explicitly codified, but it is increasingly being recognized as an intrinsic aspect of the Right to Life and Personal Liberty under Article 21 of the Indian Constitution. This study examines the development and recognition of the Right to be Forgotten in the Indian legal landscape and its harmonious integration with Article 21. It further explores key judicial pronouncements, such as Justice K.S. Puttaswamy v. Union of India, which acknowledged the right to privacy as a fundamental right, thereby laying the foundation for RTBF in India. The paper also analyzes the tension between RTBF and other rights like freedom of expression and the right to information and attempts to propose a balanced framework that ensures protection of individual dignity while upholding democratic transparency. This study concludes that while the Right to be Forgotten is still at a nascent stage in India, it is a necessary extension of the right to life and privacy in the modern digital context.

Keywords: Right to be Forgotten, Article 21, Indian Constitution, Right to Life, Fundamental Rights, Judicial Interpretation, Privacy, Digital Rights, Environmental Law.