Indian Kanoon Challenges Delhi High Court's 'Right to be Forgotten' Order

Indian legal database Indian Kanoon has challenged a significant Delhi High Court order that mandates search engines like Google to de-index court judgments and news reporting, and restricts name-based search functionalities for certain records.

The legal database argues that the High Court misinterpreted a 2017 Supreme Court ruling on privacy. Indian Kanoon contends that the 'Puttaswamy judgment' recognized privacy as a fundamental right but did not establish an unqualified 'right to be forgotten' that would allow for the removal of historical or judicial records.

The original High Court order, consolidated from 37 cases, directed legal databases and search engines to disable name-based searches for judgments concerning individuals seeking to remove public records, often after settling disputes or completing sentences. This case stems from a specific instance where an individual convicted of cheque bounce sought removal of his judgment from Indian Kanoon after settling the case.

Indian Kanoon's petition asserts that the High Court's order goes beyond the permissible restrictions on freedom of speech under Article 19(2) of the Indian Constitution. It argues that terms like 'no longer relevant' or 'serves no legitimate public purpose,' used as grounds for de-indexing, are vague and subjective, potentially leading to arbitrary censorship of public court records.

The petition further claims the court issued the global de-indexing order without adequately weighing evidence of actual harm, instead relying on assumed harms. Indian Kanoon seeks clarity and stricter criteria for de-indexing to prevent inconsistent and potentially biased removal of public information.