‘Right to Privacy’ as Reinforced in Puttaswamy Judgment—Recent Implications
- ByAdmin --
- 30 Jun 2025 --
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The concept of privacy has undergone significant evolution in Indian constitutional jurisprudence. The landmark judgment in Justice K.S. Puttaswamy (Retd.) and Anr. v. Union of India and Ors. (2017) provided a definitive affirmation of privacy as a fundamental right, marking a transformative moment in Indian legal history. This article explores the foundation laid by the Puttaswamy judgment and its recent implications in the socio-legal landscape.
Background of the Puttaswamy Judgment
The right to privacy gained prominence during a nine-judge bench ruling of the Supreme Court in the Puttaswamy case. The court unanimously recognized privacy as an intrinsic part of the right to life and personal liberty under Article 21 of the Constitution. It overruled earlier verdicts, such as those in M.P. Sharma (1954) and Kharak Singh (1963), which had dismissed privacy as a guaranteed right.
Key Takeaways from the Judgment:
- Comprehensive Scope: Privacy encompasses personal autonomy, bodily integrity, informational self-determination, and protection from state surveillance.
- Decisional Autonomy: It safeguards choices in matters such as marriage, procreation, and sexual orientation.
- Limitation Clause: The right is not absolute and is subject to reasonable restrictions satisfying a threefold test of legality, necessity, and proportionality.
Recent Legal Developments and Implications
1. Data Protection and Digital Rights
The Puttaswamy judgment laid the groundwork for enacting robust data protection laws. The Digital Personal Data Protection Act, 2023 reflects this emphasis, aiming to regulate the collection, storage, and processing of personal data by both private entities and government bodies. However, concerns persist about the extent of exemptions granted to the state, which may challenge the proportionality principle.
2. Surveillance and Aadhaar
Post-Puttaswamy, the scope of Aadhaar usage was narrowed in Puttaswamy II (2018). The court upheld its use for welfare schemes but struck down its mandatory linkage with mobile numbers and bank accounts. Recent debates on surveillance mechanisms like the Central Monitoring System (CMS) and Pegasus spyware have reignited concerns about unauthorized breaches of privacy.
3. Sexual Autonomy and LGBTQ+ Rights
The judgment's emphasis on decisional autonomy influenced Navtej Singh Johar v. Union of India (2018), which decriminalized consensual homosexual acts under Section 377 of the IPC. It continues to bolster LGBTQ+ advocacy, including petitions seeking recognition of same-sex marriages.
4. Reproductive Rights
Privacy forms the cornerstone of reproductive choices. The Supreme Court's rulings in Suchita Srivastava v. Chandigarh Administration (2009) and X v. Principal Secretary, Health and Family Welfare Department (2022) underscore the autonomy of women in decisions related to abortion.
5. Freedom of Expression
Privacy's interplay with expression surfaced in cases addressing online defamation and trolling. Courts have underscored the need for balanced regulations safeguarding both privacy and free speech, evident in judgments concerning social media platforms.
Challenges and Criticisms
- State Overreach: The potential for misuse of surveillance laws and opaque data-sharing policies raises apprehensions about the erosion of privacy rights.
- Ambiguity in Implementation: The absence of clear frameworks for applying the proportionality test leads to inconsistent rulings.
- Digital Inequality: Unequal access to digital privacy tools marginalizes economically disadvantaged communities, exposing them to greater risks of surveillance.
Way Forward
To strengthen the right to privacy in the digital era:
- Legislative Reforms: Enact stronger data protection laws minimizing state exemptions.
- Judicial Oversight: Establish mechanisms for regular review of surveillance practices.
- Public Awareness: Educate citizens on their privacy rights and available legal remedies.
- Technological Safeguards: Promote encryption and anonymization tools to protect personal data.
Conclusion
The Puttaswamy judgment has been pivotal in reasserting privacy as a constitutional value, influencing diverse domains such as technology, gender rights, and healthcare. While challenges persist in fully operationalizing this right, the judgment remains a beacon for balancing individual dignity and state interests. The path forward lies in vigilant enforcement, evolving jurisprudence, and fostering a culture of privacy-conscious governance.
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