Right to Life and Personal Liberty: SC Rules in Favour of Surveillance Victim
When an RTI activist in Jharkhand discovered that her phone was being tapped without a warrant, she filed a writ petition citing violation of her right to privacy and liberty.
The Supreme Court took the case—and delivered a defining 2025 verdict: No government, no agency, no authority can compromise your liberty without due process.
The Legal Backbone
Article 21 guarantees protection of life and personal liberty.
In the landmark Maneka Gandhi case (1978) and later Puttaswamy (2017), the Court expanded this to include:
- Privacy
- Dignity
- Freedom from unlawful surveillance
What the Court Held
- Surveillance must be authorized by law, not “verbal approvals”
- Section 5(2) of the Indian Telegraph Act can’t be misused to monitor individuals without evidence
- Citizens have a reasonable expectation of privacy, even in the digital realm
“Liberty cannot be sacrificed at the altar of suspicion,” the judgment read.
Implications
- Ensures judicial oversight for surveillance
- Empowers individuals to challenge privacy intrusions
- Pushes government toward a comprehensive data protection law
The right to life is not just about breathing—it’s about living with freedom, safety, and dignity.
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