Explained: What is ‘Right to be Forgotten’ in India, Why Ashutosh Kaushik wants to exercise it?

Bigg Boss Season 2 winner, Kaushik has petitioned the Delhi HC to have his videos, photos, and articles taken down from the internet.

Explained What-is-Right-to-be-Forgotten Ashutosh-Kaushik-Right-to-be-Forgotten

The winner of reality shows such as Bigg Boss 2008 and MTV roadies 5.0, Ashutosh Kaushik has moved to court to exercise his ‘right to be forgotten’. He has petitioned the Delhi HC to have his videos, photos, and articles taken down from the internet.

Kaushik in his plea claimed that the ‘Right to be Forgotten’ is compatible with the "Right to Privacy,” which is an integral part of Article 21 of the Constitution, which concerns the right to life.

Why Kuahsik wants to exercise this right?

In his appeal to Delhi HC, Kaushik claims that internet posts and videos about him have caused him "psychological suffering for his diminutive acts, which were mistakenly done a decade ago."

Kaushik’s plea is about a 2009 drunken driving case in which he was detained. The court had sentenced him to one-day imprisonment, imposed a fine of Rs 3,100 and suspended his driving licence for two years.

Ashutosh alleges that it's been over a decade and people have not forgotten about that incident. His lawyer says that google search on his name leads the viewers directly to his drunk driving case for which he already got punished. Kaushik claims that he feels humiliated and people too form their opinion about him through those videos.

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"I believe I have received the punishment for my crime, so why am I still being punished for it? My family sees it, and my kids will see it tomorrow, so I felt like I was still being punished for it. That's why I went to court in the first place. Beizzati si feel hoti hai (I feel humiliated). I've been insulted several times and don't want it to continue,” Ashutosh was quoted saying by Hindustan Times.

What is ‘Right to be Forgotten’ in India?

The Right to be Forgotten is part of an individual's right to privacy, regulated by the Personal Data Protection Bill which Parliament has yet to enact.

The Supreme Court proclaimed the right to privacy a fundamental right in a historic verdict in 2017. 

“The right to privacy is safeguarded as an integral component of the right to life and personal liberty under Article 21 and as a part of the freedoms provided by Part III of the Constitution,” the court stated at the time.


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