Right to Privacy in India
Right to Privacy in India
1. Introduction
The Right to Privacy is the right of an individual to be free from unauthorized intrusion into their personal life.
Though the Indian Constitution does not explicitly mention the right to privacy, it is considered an implicit fundamental right derived mainly from Article 21 (Right to Life and Personal Liberty) and other fundamental rights.
2. Constitutional Basis
Article 21: “No person shall be deprived of his life or personal liberty except according to procedure established by law.”
Other articles that imply aspects of privacy include:
Article 14: Right to equality and non-arbitrariness.
Article 19(1)(a): Freedom of speech and expression.
Article 19(1)(d): Freedom of movement.
Article 19(1)(e): Right to reside and settle in any part of India.
3. Development Through Judicial Interpretation
a. Early Cases: Implied Recognition
In earlier cases, the Supreme Court acknowledged privacy in certain contexts but did not declare it a fundamental right.
For example:
Kharak Singh v. State of UP (1963): The Court recognized privacy in the context of protection against unreasonable state surveillance.
M.P. Sharma v. Satish Chandra (1954): Privacy was discussed but not recognized as a fundamental right.
b. Giant Leap: Justice K.S. Puttaswamy (Retd.) v. Union of India (2017)
This is the landmark judgment that settled the question of privacy once and for all.
A nine-judge bench of the Supreme Court unanimously held that:
Right to Privacy is a fundamental right under the Indian Constitution, protected under Article 21 and as a part of the freedoms guaranteed by Part III.
The judgment overruled all previous conflicting opinions and firmly established privacy as a constitutional right.
Privacy was described as an intrinsic part of human dignity and autonomy.
4. Dimensions of Right to Privacy
Privacy includes the following aspects:
Bodily integrity
Informational privacy (protection of personal data)
Privacy of communications
Territorial privacy (home and personal space)
Decisional privacy (personal choices, including reproductive rights, sexual orientation, etc.)
5. Restrictions on Right to Privacy
The right to privacy is not absolute and can be restricted by the State if:
The restriction is provided by a law.
The law serves a legitimate state interest (e.g., national security, public order).
The law is proportionate and reasonable.
This is in line with the three-fold test established in the Puttaswamy case for restrictions.
6. Key Cases Elaborating Privacy
1. Gobind v. State of Madhya Pradesh (1975)
Court recognized informational privacy.
Held that collection of personal data by the government must be done with safeguards.
2. People’s Union for Civil Liberties (PUCL) v. Union of India (1997)
Concerned surveillance and telephone tapping.
Court held that privacy in communication is protected and unauthorized surveillance is illegal.
3. Justice K.S. Puttaswamy (Retd.) v. Union of India (2017)
Recognized right to privacy as fundamental.
The Aadhaar judgment (2018), a subsequent part of Puttaswamy case, held that privacy cannot be violated arbitrarily by mandatory biometric identification but allowed it under strict conditions for welfare schemes.
4. Navtej Singh Johar v. Union of India (2018)
Right to privacy underpinned the decision to decriminalize consensual same-sex relations.
Affirmed privacy’s role in protecting sexual autonomy and dignity.
7. Significance of the Right to Privacy
Protection against unwarranted government surveillance.
Safeguards personal autonomy, dignity, and identity.
Basis for protection of digital privacy and data protection in the digital age.
Supports other fundamental rights such as freedom of speech, freedom of association, and right to liberty.
Influences contemporary issues like biometric data collection, internet privacy, medical confidentiality, and reproductive rights.
8. Current Challenges
Balancing privacy with:
National security
Public order
Prevention of crime
Need for comprehensive data protection laws.
Concerns over mass surveillance and digital profiling.
Privacy implications of emerging technologies like AI, facial recognition, and social media.
9. Summary Table
| Aspect | Details |
|---|---|
| Constitutional Basis | Article 21 (Right to Life & Personal Liberty) |
| Recognized as Fundamental Right | Yes, by Supreme Court in 2017 (Puttaswamy case) |
| Scope | Bodily, informational, decisional, and territorial privacy |
| Restrictions Allowed | Only by law, for legitimate state interest, proportionate and reasonable |
| Key Cases | Kharak Singh (1963), PUCL (1997), Puttaswamy (2017), Navtej Singh Johar (2018) |
✅ Conclusion
The Right to Privacy in India is now firmly established as a fundamental right intrinsic to human dignity and freedom. It protects individuals against unauthorized intrusions by the state or private entities and extends to personal autonomy, data protection, and intimate choices. While the right is not absolute and can be reasonably restricted, judicial vigilance ensures that any restriction must meet stringent constitutional standards.
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