The Right Not to Be Published: Inside the Delhi High Court’s Landmark ‘Right to Be Forgotten’ Judgment

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Cookies Settings

The Right Not to Be Published: Inside the Delhi High Court’s Landmark ‘Right to Be Forgotten’ Judgment

Sponsored by

AnandAnand_India.jpg

Sehr Anand and Safir Anand speak about the right to be published

In a digital landscape where the internet never forgets, an individual's past can keep haunting them. On May 29, 2026, the Delhi High Court fundamentally altered this reality. In the landmark ruling of Laksh Vir Singh Yadav v. Union of India & Ors., the Hon'ble Mr. Justice Sachin Datta delivered a sweeping 144-page judgment that establishes a constitutional ‘Right Not to Be Published’ under the umbrella of informational privacy.

The ruling marks a historic shift in Indian jurisprudence, balancing justice with an individual’s right to move on from the resolved legal disputes.

 Anatomy of the Court's Order

The case arose from over 30 petitions filed by individuals, people who had been acquitted, had settled their disputes, or had their cases quashed. Even then, their names kept appearing in search results linked to old legal cases, which continued to harm their reputation.

To remedy this digital scarlet letter, the Court issued a series of definitive directives:

•     Global De-indexing: Google and other search engine operators must remove relevant content, orders, and associated reportage from name-based search results worldwide.

•     Database Restrictions: Public legal databases, such as Indian Kanoon, must restrict internal name-based search functionalities for identified petitioners.

•     Identity Masking: Petitioners may apply directly to the original rendering courts to mask personal identifiers in original judgments.

•     MeitY Enforcement: The Ministry of Electronics and Information Technology (MeitY) must ensure intermediary compliance within two weeks.

Previous vs latest order:

The Court clearly specified that de-indexing will not be allowed in certain cases i.e. serious offenses against women or children, corruption, and cases where public figures try to erase parts of their past only to protect their image.

For the past two years, Delhi High Court jurisprudence was dominated by high-profile personality rights cases, such as Jackie Shroff, Amitabh Bachchan, Hritik Roshan and Aishwarya Rai Bachchan among others. These cases essentially involved celebrities protecting their personas from unauthorized commercial exploitation.

Laksh Vir Singh Yadav addresses the right of an individual to demand that accurate but no longer relevant information be suppressed from public view

Through this order, the Court chose a middle path. It did not ask for the court records to be completely deleted. Instead, it said that the records can remain available through case number or citations but should not easily appear when a name-based search is conducted. This protects open justice while reducing the casual profiling of individuals.

Impact

·       Acquitted and discharged individuals gain an immediate, actionable constitutional right and they no longer need to depend on the incomplete frameworks of the Digital Personal Data Protection Act (DPDPA), 2023, or platform-specific grievance mechanisms.    

·       Celebrities and Public Figures will be protected in instances of AI deepfakes created of the actor while preserving his right to pursue privacy-based de-indexing for non-commercial harms, as also addressed in the case of Varun Dhawan v. Artist Booking Company & Ors. CS(COMM) 626/2026).

Conclusion

Even though the judgment is forward-looking, it may be difficult to implement in practice. The Court has said that if privacy harm is global, then de-indexing should also apply globally. But other countries, especially the United States, are unlikely to accept or enforce such orders because of the protections under the First Amendment.

Another issue is that India still does not have a detailed law on the right to be forgotten with clear public-interest exceptions, unlike the European Union’s GDPR.

Historically, the Supreme Court of India has stayed some High Court orders that tried to remove or erase public records. So, the key question is whether this judgment’s balanced approach will stand if it is challenged before the Supreme Court.

more from across site and SHARED ros bottom lb

More from across our site

Fresh off a string of ITC victories, Latham has recruited Baker Botts’ ITC leader Lisa Kattan, adding another prominent name to one of the market's busiest ITC practices
The firm hopes its recent Düsseldorf expansion and UK partner hire will strengthen its offering as it looks to an integrated model to boost UPC capabilities
Stephenson Harwood’s trademark prosecution push and patent ambitions could complement Taylor Wessing’s remaining but depleted European IP strength following its UK arm’s departure
Gerben IP’s first woman partner, Sophie Edbrooke, explains how boutique life allowed her to broaden her expertise, take on leadership responsibilities and carve out a route to the top
INTA has a right to protect its Annual Meeting, but making it harder for others to hold similar events risks leaving delegates with a bigger travel bill
The firm says it hopes to capture patent litigation work in Texas by arming itself with experienced trial lawyers with venue expertise
Ken Iijima's arrival continues a trend of ex-Pizzeys practitioners joining RnB IP, whose co-founder says independent ownership and a lucrative compensation model have become attractive in a consolidating market
McDermott Will & Schulte lawyers explore why the UPC is seeing rapid adoption by medtech for fast-moving disputes, while pharma and biotech take a cautious, selective approach over revocation risks
IP firms may be growing more comfortable with external capital, but uncertainty over who could ultimately own the business is complicating the investment pitch
The former Western District of Texas judge addresses perceptions of his courtroom, reveals what comes next as he returns to practice at A&O Shearman and explains why marathon running is ‘cathartic’
Gift this article