Supreme Court to Deliberate on 'Right to be Forgotten' in Judicial Records: Balancing Privacy and Open Justice

On one hand, the principle of 'Open Justice' dictates that judicial proceedings and records should be transparent and accessible to the public to ensure accountability and serve as legal precedents. Under Articles 129 and 215 of the Constitution, the Supreme Court and High Courts are 'Courts of Record,' meaning their proceedings are preserved for perpetual memory and testimony. On the other hand, the 'permanent memory' of the internet means that even an acquittal or a minor legal dispute can haunt an individual indefinitely, affecting employment and social standing. Currently, Indian law lacks a specific statutory framework for RTBF, although the Digital Personal Data Protection (DPDP) Act, 2023, includes provisions for data erasure with certain exceptions for legal obligations. Various High Courts have previously issued conflicting orders on this issue, making the Supreme Court's intervention timely. The eventual ruling will likely define the boundaries of digital privacy and determine how the judiciary balances the right to a 'fresh start' with the public's right to information. UPSC Relevance: This topic is highly relevant for GS Paper II (Judiciary and Fundamental Rights) and GS Paper IV (Ethics). It provides a contemporary case study on the evolution of Article 21 and the ethical dilemma between individual privacy and the public interest in transparency. Aspirants should use this to discuss the challenges of 'digital footprints' and the role of the judiciary in interpreting rights in the technological era.