1 Mar 2026·Source: The Hindu

4 min

Polity & GovernanceSocial IssuesNEWS

No Right to Sanitized History: Advocate on Freedom of Expression

Senior advocate emphasizes the importance of public record and freedom of expression.

Senior advocate Shadan Farasat stated that no one has a right to a sanitized version of history while speaking at Justice Unplugged. He emphasized that if a person is charged in court and later discharged or acquitted, both events are part of the public record and should remain accessible. Farasat acknowledged discussions around the 'right to be forgotten' but stressed that any such right must have clear limitations. He underscored the importance of freedom of expression and maintaining an accurate public record.

Veer Savarkar advised Subhas Chandra Bose to leave India and seek alliances with Axis powers, which Bose acknowledged as a turning point. Bose escaped house arrest in January 1941 and subsequently joined the Indian National Army (Azad Hind Fauj) in Japan. Savarkar also encouraged Hindus to enlist in the British Indian Army during World War II, believing it would provide valuable military training for future independence efforts.

This perspective on historical narratives and freedom of expression is relevant to UPSC exams, particularly in the context of Polity & Governance and Modern Indian History, as it touches upon fundamental rights, historical interpretations, and the balance between individual rights and public interest.

Key Facts

Senior advocate Shadan Farasat spoke at Justice Unplugged.

Farasat stated that no one has a right to a sanitized version of history.

He emphasized the importance of accessible public records.

Farasat acknowledged discussions around the 'right to be forgotten'.

He stressed that any 'right to be forgotten' must have clear limitations.

UPSC Exam Angles

GS Paper II (Polity & Governance): Fundamental Rights, Constitutional Provisions

GS Paper I (History): Modern Indian History, Historical Interpretations

Essay Paper: Freedom of Expression and its Limitations

In Simple Words

Basically, everyone should have access to the real story of what happened in the past. If someone was accused of something but later found innocent, that should be part of the record too. It's about keeping history honest and not letting people erase things they don't like.

India Angle

In India, this means that things like court cases and government actions should be available for people to see. This helps ensure that powerful people can't hide their mistakes or rewrite history to suit them.

For Instance

Think about a local politician who was accused of corruption but later acquitted. If that acquittal was erased from public records, people might still think they're guilty. Keeping the record complete is like making sure everyone gets the full story.

It matters because it protects our right to know what's really going on and prevents those in power from manipulating the past.

History shouldn't be sanitized; it should be a complete and honest record.

Senior advocate Shadan Farasat, speaking at Justice Unplugged, stated that no one has a right to a sanitized version of history. He emphasized that if a person is charged in court and later discharged or acquitted, both events are part of the public record and should remain accessible.

Farasat acknowledged discussions around the 'right to be forgotten' but stressed that any such right must have clear limitations. He underscored the importance of freedom of expression and maintaining an accurate public record.

Expert Analysis

The debate around a 'sanitized' version of history brings several key concepts into focus. The first is Freedom of Expression, a fundamental right enshrined in the Indian Constitution under Article 19. This right allows individuals to express their opinions and beliefs freely, subject to reasonable restrictions. In the context of Shadan Farasat's statement, freedom of expression implies that all aspects of historical records, including charges and acquittals, should remain accessible to the public, preventing any selective removal or 'sanitization' of information.

Another relevant concept is the Right to be Forgotten. This principle allows individuals to request the removal of personal information from the internet under certain circumstances. While discussions around this right are ongoing, Farasat emphasized that any such right must have clear limitations to prevent the suppression of accurate public records. The tension lies in balancing individual privacy with the public's right to access information, particularly in cases involving legal proceedings.

Finally, the concept of Historical Interpretation is crucial. History is not a static narrative but is subject to interpretation and re-evaluation based on new evidence and perspectives. Suppressing certain historical facts or narratives can lead to a distorted understanding of the past. The example of Veer Savarkar's advice to Subhas Chandra Bose highlights how different interpretations of historical figures and events can influence nationalist movements and political ideologies. For UPSC aspirants, understanding these concepts is essential for both Prelims and Mains, particularly in GS Paper I (History) and GS Paper II (Polity & Governance).

More Information

Background

The concept of freedom of expression in India is deeply rooted in its constitutional framework. Article 19(1)(a) of the Indian Constitution guarantees freedom of speech and expression to all citizens, subject to reasonable restrictions such as defamation, incitement to violence, and contempt of court. This fundamental right is not absolute and is balanced against other societal interests, including the maintenance of public order and the protection of individual reputations. The debate around the right to be forgotten has gained prominence in recent years with the increasing digitization of personal data. While India does not have a specific law enshrining this right, the Personal Data Protection Bill, 2019, which is still under consideration, includes provisions that allow individuals to request the erasure of their personal data under certain conditions. The implementation of such a right raises complex questions about balancing individual privacy with the public's right to information and the preservation of historical records. Historical narratives and interpretations have played a significant role in shaping India's national identity and political discourse. Figures like Veer Savarkar and Subhas Chandra Bose are often subjects of differing interpretations, reflecting broader ideological debates about nationalism, secularism, and the legacy of colonialism. Understanding these historical perspectives is crucial for comprehending contemporary political issues and social dynamics.

Latest Developments

In recent years, there has been increasing debate in India about the scope and limitations of freedom of expression, particularly in the context of online speech and social media. The government has taken steps to regulate online content, citing concerns about misinformation, hate speech, and threats to national security. These measures have sparked controversy, with critics arguing that they could lead to censorship and stifle legitimate expression. The right to be forgotten has been the subject of several court cases in India, with individuals seeking the removal of personal information from online platforms. While courts have generally recognized the importance of privacy, they have also emphasized the need to balance this right with the public's interest in accessing information. The lack of a specific legal framework for the right to be forgotten has led to uncertainty and inconsistency in judicial decisions. Efforts to rewrite or reinterpret historical narratives have also been a recurring theme in Indian politics. Various groups have sought to promote their own versions of history, often leading to controversies and debates about the accuracy and objectivity of historical accounts. These debates highlight the importance of critical thinking and historical analysis in understanding the past and its relevance to the present.

Frequently Asked Questions

1. Why is the 'right to be forgotten' such a hot topic right now, and what's the core debate around it?

The 'right to be forgotten' is gaining traction due to increased data privacy concerns and the ease with which information spreads online. The core debate revolves around balancing an individual's right to control their personal information with the public's right to access information and freedom of expression. Specifically, it questions how much control individuals should have over information about their past, especially when that information is already in the public domain.

2. How might a question about 'freedom of expression' and 'historical interpretation' be framed in UPSC Mains GS Paper 2 or GS Paper 1?

A Mains question could ask you to critically analyze the tensions between freedom of expression and the need to prevent the distortion of history, especially in the context of social harmony. You might be asked to discuss the ethical and legal limits of freedom of expression when it comes to historical narratives. For GS Paper 1, the question might focus on how different interpretations of history can impact social cohesion and national identity.

Exam Tip

When answering, remember to cite relevant constitutional provisions like Article 19(1)(a) and landmark Supreme Court cases related to freedom of speech. Also, consider the perspectives of different stakeholders, including individuals, communities, and the government.

3. What's the difference between 'freedom of expression' as guaranteed by the Constitution and the 'right to a sanitized version of history' that the advocate mentioned?

Freedom of expression, under Article 19(1)(a), allows individuals to express their views, but it's subject to reasonable restrictions. It doesn't grant anyone the right to distort or suppress historical facts. The 'right to a sanitized version of history' is a concept where individuals or groups might want to remove or alter historical records to present a more favorable image. The advocate's point is that such a right doesn't exist; the public has a right to access the complete, unedited historical record, even if it's unflattering.

4. If the UPSC asks about the 'right to be forgotten,' what's a common trap they might set in the Prelims?

A common trap is to present the 'right to be forgotten' as an absolute right guaranteed by the Indian Constitution. The correct answer is that while discussions are ongoing, it is NOT yet a formally recognized fundamental right in India. The question might also try to confuse it with the right to privacy, stating they are the same thing.

Exam Tip

Remember, the right to privacy (Article 21) has been recognized, but the 'right to be forgotten' is still evolving in Indian jurisprudence.

5. How does this debate about 'sanitized history' and 'freedom of expression' connect to current controversies around historical figures in India?

The debate directly relates to controversies surrounding how historical figures are portrayed in textbooks, public spaces, and popular culture. For example, disagreements over the legacy of figures like Veer Savarkar, Subhas Chandra Bose, or even figures from ancient history often involve accusations of either sanitizing history or unfairly tarnishing reputations. This news highlights the importance of presenting a complete and nuanced picture, even when it's uncomfortable.

6. What are the potential implications of a broad 'right to be forgotten' on historical research and journalism in India?

A broad 'right to be forgotten' could significantly hinder historical research and journalism by making it difficult to access and report on past events. If individuals can easily erase information about their past actions, it could lead to a skewed understanding of history and make it harder to hold people accountable for their actions. This could particularly affect investigative journalism that relies on public records.

Practice Questions (MCQs)

1. Consider the following statements regarding the Right to be Forgotten: 1. It allows individuals to request the removal of personal information from the internet under certain circumstances. 2. The Indian Constitution explicitly enshrines the Right to be Forgotten as a fundamental right. 3. The Personal Data Protection Bill, 2019, includes provisions related to the Right to be Forgotten. Which of the statements given above is/are correct?

A.1 only
B.2 only
C.1 and 3 only
D.1, 2 and 3

Show Answer

Answer: C

Statement 1 is CORRECT: The Right to be Forgotten allows individuals to request the removal of personal information from the internet under certain circumstances. Statement 2 is INCORRECT: The Indian Constitution does not explicitly enshrine the Right to be Forgotten as a fundamental right. Statement 3 is CORRECT: The Personal Data Protection Bill, 2019, includes provisions related to the Right to be Forgotten, although it is still under consideration.

2. In the context of freedom of expression in India, which of the following statements is NOT correct? A) Article 19(1)(a) of the Indian Constitution guarantees freedom of speech and expression. B) Freedom of expression is an absolute right with no restrictions. C) Reasonable restrictions can be imposed on freedom of expression in the interest of public order. D) Defamation is a ground for imposing restrictions on freedom of expression.

Show Answer

Answer: B

Option B is NOT correct: Freedom of expression is not an absolute right and is subject to reasonable restrictions under Article 19(2) of the Indian Constitution. These restrictions include the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence.

3. Which of the following historical figures is associated with the advice to Subhas Chandra Bose to seek alliances with Axis powers during World War II? A) Mahatma Gandhi B) Jawaharlal Nehru C) Veer Savarkar D) Sardar Vallabhbhai Patel

Show Answer

Answer: C

Veer Savarkar advised Subhas Chandra Bose to leave India and seek alliances with Axis powers during World War II. Bose acknowledged this advice as a turning point in his efforts to secure India's independence.