THE HINDU | Privacy Law + Judiciary + Digital Rights
⚖️ Preserving the Record — Right to Be Forgotten Must Be Set Against Public Interest
Context: Delhi High Court's May 29 order on the 'right to be forgotten' — how it exposes the tension between informational privacy (Justice K.S. Puttaswamy, 2017) and the constitutional principle of open justice.
📋 Syllabus:GS-2: Structure, organisation and functioning of the Judiciary; Fundamental RightsGS-2: Government policies and interventions; issues relating to design and implementation
🎯 Why in News? The Delhi High Court passed an order on May 29 concerning the 'right to be forgotten' — ordering that court records be updated. This has reignited the fundamental tension between two principles: open justice (which allows public scrutiny of courts and creates a historical record of administration of justice) and informational privacy (the right recognised in Justice K.S. Puttaswamy v. Union of India, 2017, for individuals to exercise control over personal information about themselves).
⚡ Core Argument
The real problem with court records in the digital age is not discoverability — it is incompleteness. When a court acquits or discharges a person, anyone searching for those proceedings should also find that decision, not just the accusation. The Delhi HC's approach of simply updating records misses this. Court records are official acts of the State, and their obfuscation vis-à-vis the public record has serious ramifications. The solution is not to hide records but to make them digitally accurate — wholly public, regularly updated, and contextually complete. The judiciary must impose conditions on all platforms to refresh their databases with the proper context rather than merely update an official version that has already been copied elsewhere.
⚖️ The Two Competing Constitutional Principles
🏛️ Open Justice Principle
Constitutional law holds up the principle of open justice — which, among other things, allows public scrutiny of courts.
Open justice facilitates public understanding of the law and creates a historical record of the administration of justice.
The digitisation of court records transformed the ability of anyone with an internet connection to access judgments and legal records — greatly expanding open justice.
Open justice does not demand the ability to discover particular details of a case using the accused person's name alone.
🔏 Right to Informational Privacy
In Justice K.S. Puttaswamy v. Union of India (2017), the Supreme Court recognised the right to informational privacy — including the ability of individuals to exercise some control over personal information about themselves.
In Europe, the persistence of digital information gave rise to the 'right to be forgotten' — usually weighed against the freedom of expression and public interest.
In India as well, the right should accommodate the principle of open justice without necessarily breaching the bounds of the right to privacy.
🔍 The Delhi HC Order — What It Did & Why It Falls Short
The Order (May 29): Justice Sachin Datta concluded that simply updating records would not suffice — as search engines could excerpt small portions without sufficient context, that open justice does not demand the ability to discover particular details of the case using the accused person's name, and that updating the official version would not necessarily update records that have since been copied to other websites.
Why This Falls Short: The court's concern for privacy is commendable — but it should also consider digital accuracy as the way out. The problem is incompleteness, not discoverability. If a person is acquitted or discharged, anyone looking for the proceedings should also find that decision — not just the original charge.
The Indian Kanoon (2024) Reference: The court echoed a related matter — court records are official acts of the state, and their obfuscation vis-à-vis the public record will have serious ramifications for the public record.
✅ The Correct Solution — Digital Accuracy, Not Obfuscation
Judicial records must be wholly public as well as updated to prominently reflect major actions and decisions — rather than preserve the accusation alone.
The judiciary must impose conditions on any platform — including court registries, indexing legal information — to refresh their databases on a regular basis.
Platforms must endeavour to display the results of any user queries with the proper context — acquittal/discharge alongside the original charge.
Doing so would protect both fundamental rights (privacy + open justice) and address the problem's root cause — incompleteness, not discoverability.
🇮🇳 Key Judicial Precedents & References
Justice K.S. Puttaswamy v. Union of India (2017): 9-judge SC bench — unanimously recognised privacy as a fundamental right under Article 21. Recognised the right to informational privacy.
Indian Kanoon (2024) Matter: Related case where the court addressed the public record implications of court records being accessible online without proper context.
European GDPR — Right to Be Forgotten: Established in EU law; usually weighed against freedom of expression and public interest. India has no equivalent statutory provision yet — but judicial orders are beginning to fill this gap.
Digital Personal Data Protection Act (DPDPA), 2023: India's new data protection law — provides a framework for data erasure rights, but its application to court records and public documents remains to be worked out.
🔑 Key Terms
Right to Be ForgottenOpen Justice PrinciplePuttaswamy Judgment (2017)Informational PrivacyDigital Accuracy vs ObfuscationIndian Kanoon (2024)DPDPA 2023GDPR (EU Reference)Article 21 — Right to Privacy
✏ Probable Mains Questions
"The 'right to be forgotten' and the principle of open justice are not necessarily in conflict — the real solution lies in digital accuracy, not obfuscation of court records." Critically examine. (GS-2, 250 words)
Discuss the significance of the Justice K.S. Puttaswamy judgment (2017) for the right to privacy in India. How does the right to informational privacy interact with the principle of open justice in the digital age? (GS-2, 250 words)
🎯 Practice MCQs
Prelims Q1
With reference to the right to privacy in India, consider the following statements:
1. In Justice K.S. Puttaswamy v. Union of India (2017), a nine-judge bench of the Supreme Court unanimously recognised privacy as a fundamental right under Article 21 of the Constitution.
2. The Digital Personal Data Protection Act (DPDPA), 2023, explicitly grants every individual the absolute right to erasure of their personal data from all court records and judicial databases.
3. The 'right to be forgotten' as recognised in the European Union under GDPR is usually weighed against the freedom of expression and public interest before being granted.
Which of the statements given above are correct?
📖 View Explanation
Statement 1 is correct ✓ — In the landmark Puttaswamy judgment (2017), a 9-judge Constitution Bench unanimously recognised privacy as a fundamental right under Article 21, including the right to informational privacy — the ability to exercise control over personal information.
Statement 2 is incorrect ✗ — The DPDPA, 2023 does NOT grant an absolute right to erasure from court records. Court records are official acts of the State and are specifically treated differently from ordinary personal data. The Act's application to judicial databases remains limited and subject to legal safeguards.
Statement 3 is correct ✓ — Under the EU's General Data Protection Regulation (GDPR), the 'right to be forgotten' is not absolute. It is usually weighed against freedom of expression, the public interest in accessing information, and the need to retain records for legal purposes before being granted.
Answer: (a) — 1 and 3 only
THE HINDU | Policing + Rule of Law + Criminal Justice Reform
🚔 Is Shoot-to-Disable the New Normal? — Operation Langda & the Rule of Law
Authors: G.S. Bajpai (Vice Chancellor, National Law University, Delhi) & Vibhuti Sharma (Academic Fellow, NLU Delhi) | Context: Between 2017 and 2025, UP Police recorded over 16,000 encounter operations — in 97% of cases the accused survived with a bullet wound to the leg. Is this law enforcement or extra-procedural punishment?
📋 Syllabus:GS-2: Structure, organisation and functioning of the Executive and the Judiciary; Rule of LawGS-2: Important aspects of governance, transparency and accountability; e-governance; citizens' charters; role of civil services in a democracy
🎯 Why in News? Between 2017 and 2025, the Uttar Pradesh State Police recorded over 16,000 encounter operations. In about 97% of cases, the accused survived with a bullet wound to the leg. In 2025 alone, 2,739 encounter operations were recorded — the highest annual figure in the dataset. The Allahabad High Court, in January 2026, observed that "half-encounter" practices were often driven by official rewards and promotions, and reiterated that the power to punish belongs exclusively to the judiciary.
⚡ Core Argument
Operation Langda — the "shoot to disable" practice of the UP Police — has ceased to be a sporadic enforcement tactic and has become a self-sustaining, institutionalised policing methodology. It is driven by a dual logic of incapacitation and punishment, officially endorsed through rewards and promotions, and normalised through a standardised media narrative template. The practice sits outside legal norms, yet has become part of how the State governs. Piecemeal reforms will not be enough. Any durable reform must dismantle the interlocking incentive and institutional systems that produce it — because the practice is not an aberration, it is a system.
🔍 What is Operation Langda?
Operation Langda — Definition & Structure
Origin of Name: From the Hindi word langda (lame) — describes a policing methodology cultivated by the UP Police since 2017 under its "zero-tolerance" framework.
The Standard Template (7 Steps):
Intelligence received
Suspect intercepted
Alleged attempt to flee or fire
Police response in self-defence
Gunshot to the leg
Arrest
Recovery of a locally made pistol
Scale: 2017–2025: over 16,000 encounter operations. In 97% of cases — the accused survived with a leg wound. In 2025 alone: 2,739 operations — highest ever.
Key Distinction from "Fake Encounters": Focus on incapacitation rather than lethality — by visibly disabling accused persons, it functions as both a disciplinary mechanism and an assertion of state authority. The accused survives, the officer can claim self-defence, and a death is avoided — making it more legally defensible than fake encounters.
📊 The Data — How the Pattern Was Identified
16,000+ Encounter operations recorded by UP Police (2017–2025)
97% Cases where accused survived with bullet wound to the leg
2,739 Encounter operations in 2025 alone — highest annual figure in dataset
80% of 100 Cases in micro-level dataset used "retaliation" or "self-defence" as the major justificatory framing — regardless of the alleged offence
⚠️ Why the Practice Persists — The Self-Sustaining System
Official Endorsement + Promotions: UP publicly treats encounter statistics as indicators of law-and-order achievements. Official recognition and accelerated promotions have made this an accepted metric of policing performance — creating a perverse incentive structure.
Media Normalisation: In most of the 100 cases examined, media reports reproduced the police version without critical scrutiny. Critical coverage emerged only when direct counter-evidence challenged the official narrative. Incidents entered the news cycle largely as routine law-and-order events — transmission rather than scrutiny.
Institutional Constraints: Prior to 2017, conviction rates in several categories of violent crimes were below 20%, while investigative capacity lagged far behind caseloads. In this environment, "half-encounters" presented a pragmatic alternative.
Legal Defensibility: Shooting to disable rather than kill makes the practice more legally defensible. The accused survives — the officer can claim self-defence — and an arrest is recorded rather than a death. This is what distinguishes the UP model from the typical "fake encounter" tradition.
Standardised Language: The consistency of framing across widely different offences suggests a standardised narrative template rather than case-specific accounts — evidence that this is an institutional system, not individual discretion.
🏛️ Judicial Response — What Courts Have Said
PUCLV v. State of Maharashtra — 16 Principles
In People's Union for Civil Liberties v. State of Maharashtra, the Supreme Court laid down sixteen principles and mandated an independent inquiry in every encounter case.
These remain the legal benchmark — but have not been systematically applied in the State of UP.
Allahabad HC — January 2026
The Allahabad High Court observed that "half-encounter" practices were often driven by official rewards and promotions.
The court reiterated that the power to punish belongs exclusively to the judiciary — not to the police.
State data showing declines in crimes such as dacoity and robbery is cited as justification — but these gains do not address concerns over due process and the erosion of the rule of law.
💡 Why Reform is Difficult — And What Must Change
Self-Sustaining System: Political endorsement, professional incentives, media transmission, and the chronic weaknesses of the criminal justice process do not merely tolerate the practice — they reproduce it.
Piecemeal Reforms Are Insufficient: What is most striking is how a practice that sits outside legal norms has, through routine and reward, become part of how the state governs.
What Durable Reform Requires:
Dismantling the interlocking incentive structure — rewards/promotions for encounters must be eliminated
Mandatory independent inquiry in every encounter case (as per PUCL mandate)
Strengthening conviction rates through investigative reforms — removing the institutional pressure that makes "half-encounters" feel pragmatic
Media accountability — moving from transmission to scrutiny
Herbert Packer's Framework: The "leg-shot" doctrine appears to have become the new crime-control model that Herbert Packer advocated in 1968 in The Limits of the Criminal Sanction — prioritising crime control over due process.
🇮🇳 Constitutional & Rule of Law Concerns
Operation Langda represents a fundamental challenge to India's constitutional order. The Constitution vests the power to punish exclusively in the judiciary — through fair trial, due process, and the presumption of innocence. When the police effectively punish persons before trial (through a bullet wound to the leg), they usurp a judicial function. The UP model has institutionalised this usurpation. The Allahabad HC's January 2026 observations — while necessary — are insufficient unless backed by structural reform of police incentive structures and media accountability mechanisms.
🔑 Key Terms
Operation LangdaHalf-EncounterShoot-to-Disable DoctrinePUCL v. State of Maharashtra16 Principles (SC Encounter Inquiry)Allahabad HC (Jan 2026)Herbert Packer (Crime Control Model)Interlocking Incentive SystemDue Process vs Crime ControlStandardised Narrative Template
✏ Probable Mains Questions
"Operation Langda has ceased to be a sporadic enforcement tactic and has become an institutionalised, self-sustaining policing methodology in Uttar Pradesh." Critically analyze this statement in the context of constitutional guarantees and the rule of law. (GS-2, 250 words)
Discuss the Supreme Court's guidelines in PUCL v. State of Maharashtra regarding police encounters. To what extent are these guidelines being followed in India? (GS-2, 150 words)
"When the State endorses extra-judicial punishment through institutional incentives and media normalisation, piecemeal reforms are insufficient." Examine in the context of police encounter practices in India. (GS-2, 250 words)
🎯 Practice MCQs
Prelims Q1
With reference to police encounter practices and judicial oversight in India, consider the following statements:
1. In People's Union for Civil Liberties (PUCL) v. State of Maharashtra, the Supreme Court laid down sixteen principles and mandated an independent inquiry in every encounter case.
2. The Allahabad High Court (January 2026) observed that "half-encounter" practices in Uttar Pradesh were often driven by official rewards and promotions, and reiterated that the power to punish belongs exclusively to the police in cases of heinous crimes.
3. Between 2017 and 2025, the Uttar Pradesh Police recorded over 16,000 encounter operations, with approximately 97% of cases resulting in the accused surviving with a bullet wound to the leg.
Which of the statements given above are correct?
📖 View Explanation
Statement 1 is correct ✓ — In PUCL v. State of Maharashtra, the Supreme Court laid down sixteen principles for conducting independent inquiry in every case of death in police encounter. These remain the legal benchmark in India.
Statement 2 is incorrect ✗ — The Allahabad HC (January 2026) reiterated that the power to punish belongs exclusively to the judiciary — NOT the police. The court observed that "half-encounter" practices were often driven by official rewards and promotions, and were therefore constitutionally problematic.
Statement 3 is correct ✓ — Between 2017 and 2025, UP Police recorded over 16,000 encounter operations. In approximately 97% of cases, the accused survived with a bullet wound to the leg — giving rise to the term "Operation Langda."
Answer: (b) — 1 and 3 only
THE HINDU | Science & Technology + Climate + R&D Policy
🌡️ Is Climate Research Being Held Back by Local Instrumentation?
Author: Jacob Koshy | Context: The Mega Science Vision-2035 report on Climate Research — prepared by the Indian climate research community with IISc Bengaluru as nodal institution and submitted to the Principal Scientific Adviser (PSA) to the Government of India — revealing that India has effectively lost the ability to build its own scientific instruments.
📋 Syllabus:GS-3: Science & Technology — developments and their applications; achievements of Indians in science & technology; indigenisation of technology and developing new technologyGS-3: Conservation, environmental pollution and degradation, environmental impact assessment; Climate Change
🎯 Why in News? The Mega Science Vision-2035 report on Climate Research — a roadmap prepared by the Indian climate research community with the Indian Institute of Science (IISc), Bengaluru as the nodal institution — has been made public. Submitted to the Office of the Principal Scientific Adviser (PSA) to the Government of India, the report delivers a stark warning: India has effectively lost the ability to build its own scientific instruments for climate research, with "billions of rupees" spent on procuring instruments manufactured elsewhere.
⚡ Core Argument
India's climate research community has effectively lost the ability to manufacture quality scientific instruments domestically. Imported instruments are used without understanding their built-in assumptions and limitations — and left uncalibrated for years — producing incorrect data that is then reported in national and international journals, undermining the credibility of Indian science. While India's engineers can design and demonstrate instruments (prototypes exist), they rarely become products. The Mega Science Vision-2035 report proposes a pan-India Climate and Health Observatory as a mega project — but its "indicative" nature (not mandatory, not government funding) risks it becoming another aspiration unmatched by institutional commitment.
🔬 The Mega Science Vision-2035 — Background
What Is the Mega Science Vision Exercise?
The Mega Science Vision exercise has historically been used to plan large, long-horizon projects in nuclear and high-energy physics.
This is the first time it has been extended to climate research, ecology, and astronomy — facilitated by the PSA's office under Prof. Ajay K. Sood.
A working group chaired by Prof. S.K. Satheesh (with former INCOIS director Dr. S.S.C. Shenoi as member-secretary) drew on consultations with over 3,000 researchers.
Crucial caveat: The document calls itself "a Climate Research community document of 'hopes and aspirations'" whose projects are "indicative" — it is neither a mandatory prescription nor a statement of government policy or funding. This significantly limits its binding force.
⚠️ The Core Problem — India Can't Make Its Own Instruments
🔧 The Instrumentation Crisis
The central message: India has effectively lost the ability to build its own scientific instruments for climate research.
"Billions of rupees" have been and continue to be spent on procuring instruments manufactured elsewhere.
Imported instruments are often used "without knowing the principle of operation, the built-in assumptions, and their limitations" — and left uncalibrated for years.
Result: Incorrect data being reported in national and international journals — often leading to questions on the credibility of Indian science.
🏭 Prototype to Product Gap
India has built prototypes — including automatic profiling floats (National Institute of Ocean Technology) and automatic weather stations (India Meteorological Department and ISRO).
Although transferred to industry, "most of them have not reached the market yet."
The first phase of the proposed sensor programme is an audit to identify why such technologies fail to scale to production.
The suggested remedy — mandating that most instruments be made in India, backed by assured procurement and pricing — sits uneasily with recent experience: the Government e-Marketplace (GeM) portal, made mandatory to support domestic vendors, was rolled back for scientific institutions in June 2025 after scientists found it hindered access to customised, high-quality equipment.
📋 What the Mega Science Vision Report Proposes
Pan-India Climate and Health Observatory: A mega project on adaptation and resilience — reflecting how thinly India tracks climate-related health impacts.
Eight Mega Projects: Spanning observational networks, indigenous sensors, satellites, two strands of climate modelling, field campaigns, carbon-neutrality research, and adaptation science — overseen by a high-level apex committee.
Social Cost of Carbon: Calls for scientific methods to estimate the social cost of carbon, a "polluter pays" mechanism to prevent the atmosphere from becoming a dumping ground, and measures to offset the burden of carbon taxation on the poor.
Dense Black Carbon Observatory Network: Despite disputed claims about its relative role in global warming — the report backs a dense network to monitor this powerful short-lived climate pollutant.
Paleoclimate Networks: India's thin paleoclimate networks identified as a gap in understanding the monsoon's deep past, and the risk of crossing tipping points (ice-sheet collapse, shifts in ocean circulation).
Renewables — A Caution: Although renewable energy seems right to replace polluting sources, the report cautions that studies are needed to assess the long-term effects of uncontrolled tapping of natural resources. India has pledged 500 GW of non-fossil capacity by 2030 — solar crossed the halfway mark in installed capacity in 2025.
🇮🇳 India's Climate Research Gaps — Key Concerns
Limited Trained Manpower: Including in environmental epidemiology — linking climate change to health outcomes remains poorly studied in India.
Tipping Points Risk: Ice-sheet collapse and shifts in ocean circulation — global tipping points that India's thin paleoclimate networks cannot adequately monitor.
Monsoon Deep Past: Gaps in understanding the monsoon's deep past — critical for projecting future monsoon variability under climate change.
GeM Portal Rollback (June 2025): A cautionary tale — government-mandated procurement from domestic vendors can inadvertently hinder scientific quality if not carefully designed. The June 2025 rollback for scientific institutions underlines this tension.
🔑 Key Terms
Mega Science Vision-2035IISc Bengaluru (Nodal Institution)Principal Scientific Adviser (PSA)Prototype to Product GapPan-India Climate & Health ObservatorySocial Cost of CarbonBlack Carbon ObservatoryPaleoclimate NetworksGeM Portal (Rollback June 2025)INCOIS500 GW Non-Fossil Target (2030)Tipping Points (Climate)
✏ Probable Mains Questions
"India's inability to manufacture quality scientific instruments for climate research is both a scientific failure and a governance failure." Critically examine in the light of the Mega Science Vision-2035 report. (GS-3, 250 words)
Discuss the significance of a pan-India Climate and Health Observatory for India's climate adaptation strategy. What are the institutional challenges in realising such a vision? (GS-3, 150 words)
"The gap between prototype and product in India's scientific ecosystem reflects deeper structural problems in research commercialisation." Analyze with reference to climate research instrumentation. (GS-3, 250 words)
🎯 Practice MCQs
Prelims Q1
With reference to the Mega Science Vision-2035 report on Climate Research, consider the following statements:
1. The report was prepared by the Indian climate research community with the Indian Institute of Science (IISc), Bengaluru as the nodal institution and submitted to the Office of the Principal Scientific Adviser (PSA) to the Government of India.
2. The report's central message is that India has effectively lost the ability to build its own scientific instruments for climate research, with billions of rupees being spent on procuring instruments manufactured elsewhere.
3. The report mandates that the Government of India immediately fund and implement all eight mega projects proposed within the document as a matter of government policy.
Which of the statements given above are correct?
📖 View Explanation
Statement 1 is correct ✓ — The Mega Science Vision-2035 report on Climate Research was prepared by the Indian climate research community with IISc, Bengaluru as the nodal institution. It was submitted to the Office of the Principal Scientific Adviser (PSA) to the Government of India and has now been made public.
Statement 2 is correct ✓ — The report's central message is precisely this: India has effectively lost the ability to build quality scientific instruments for climate research. Imported instruments are used without understanding their built-in assumptions and left uncalibrated — producing incorrect data reported in scientific journals.
Statement 3 is incorrect ✗ — The document explicitly calls itself "a Climate Research community document of 'hopes and aspirations'" whose projects are "indicative." It is neither a mandatory prescription nor a statement of government policy or funding. The government is under no obligation to fund or implement the proposed projects.
Answer: (a) — 1 and 2 only
⚡ Quick Revision Summary
Topic
Core Argument
Key Terms
Syllabus
⚖️ Right to Be Forgotten
Real problem is incompleteness, not discoverability. Court records must be wholly public AND updated to show acquittals/discharges — not just accusations. Judiciary must impose conditions on all platforms to refresh databases with proper context. Digital accuracy, not obfuscation, is the solution.
Puttaswamy 2017, Open Justice, Informational Privacy, Indian Kanoon 2024, DPDPA 2023, GDPR, Article 21, Digital Accuracy.
GS-2: Judiciary & Fundamental Rights
🚔 Operation Langda
16,000+ UP encounters (2017–25); 97% survived with leg wound; 2,739 in 2025 alone. Shoot-to-disable is institutionalised, officially endorsed through promotions, media-normalised. PUCL v. Maharashtra's 16 principles not applied. Allahabad HC: power to punish belongs to judiciary, not police. Systemic reform needed — dismantling incentive structures.
Operation Langda, Half-Encounter, PUCL v. Maharashtra, 16 Principles, Allahabad HC Jan 2026, Herbert Packer, Crime Control Model, Interlocking Incentives.
GS-2: Policing, Rule of Law, Governance
🌡️ Climate Research & Instruments
India has lost ability to make scientific instruments — billions spent on imports; uncalibrated foreign instruments produce wrong data published in journals. Mega Science Vision-2035 (IISc, PSA) proposes 8 mega projects + Pan-India Climate & Health Observatory. But document is "indicative," not mandatory. Prototype-to-product gap persists; GeM portal rollback (June 2025) shows procurement complexity.
Mega Science Vision-2035, IISc, PSA, Prototype-to-Product Gap, Social Cost of Carbon, Black Carbon, Paleoclimate, GeM Rollback, 500 GW 2030, Tipping Points.