Authored By: Soni Verma
Amity University Lucknow Campus
Abstract
The right to privacy, which is a prerequisite for the right to life and personal liberty, is guaranteed under Article 21 of the Indian Constitution. Prior to the 2017 ruling in the historic case of K.S.1 Puttaswamy v. Union of India, the term “privacy,” which refers to personal private, was not considered a fundamental right under the Indian Constitution. However, the right to privacy has been recognized as a fundamental right under Article 21 since our Indian judiciary has currently established a distinct precinct handling privacy. Despite the large number of privacy cases, none of them backed the idea that privacy is a fundamental right. Only after the historic ruling in K.S. Puttaswamy v. Union of India in 2017 did it happen.
That the privacy right was appropriately respected. Through a number of conventions, the right to privacy is acknowledged both nationally and internationally. It is a dynamic concept that incorporates a number of aspects and is found in several pieces of law. Overview The right to privacy, which is a prerequisite for the right to life and personal liberty, is guaranteed under Article 21 of the Indian Constitution. Personal privacy is referred to as “privacy.” Prior to the 2017 ruling in the landmark case of K.S. Puttaswamy v. Union of India48, this phrase was not considered a fundamental right under the Indian Constitution. But our Indian judiciary has now established a distinct sector to deal with privacy. 7. However, our Indian judiciary has currently carved out a different precinct addressing privacy and as a result, the Right to Privacy has been recognised as a basic right under Article 21.49 There are numerous privacy cases, but none of them supported Privacy as a basic right. It was only after the passing of a landmark judgement, K.S. Puttaswamy v. Union of India in 201750, that the right to privacy was given proper respect. The Right to Privacy is recognised not just on a national level, but also on an international level through several conventions. It is a dynamic notion that is incorporated into much legislation and encompasses variety of factors.
Keywords:
INTRODUCTION
Right to Privacy is a cherished human right for all individual of past, present and future society. It is a capricious concept and show a discrepancy with the passage of time, place and society. Therefore, the term ‘privacy’ itself is extremely difficult and decline This concept is a very slippery, whose general understanding has avoided by most authors on the subject. The word ‘Privacy’ is originally derived from the Latin term ‘privatus’ which means separate from the rest. However, this concept is a variable and differs with social or cultural context, but actually it means, ‘right to be let alone’. The basic need of privacy is to maintain a balance between the interests of social and individual, which is so applicable to the present, past and future society. In this regard we can say that the necessity of privacy found in the birth of human development. The notion of Privacy is deep-rooted as Biblical Periods. But the evolution and extension of Privacy different according to the disparity in different stages of human advancement. The essence of privacy and its safeguard is rooted in the account of human civilization, which is categorised particularly by transformation from primitive society to modern society. In the Western society the history of privacy start with the western political and social institutions from the time of Greek and Roman culture. But in the modern democratic society it was considered by its political system, which plays most essential role for determining its stability of privacy. is the Right to Privacy?
The right to privacy Is a fundamental aspect of individual autonomy, allowing people to make personal choices free fro What m unwarranted interference. It encompasses the right to control one’s personal information, maintain confidentiality, and make autonomous decisions without interference.
Need2: This right is essential for upholding human dignity and freedom, as it allows individuals to express themselves freely, engage in personal relationships, and participate in society without fear of surveillance or discrimination.
Indian Context: In the historic Puttaswamy v. Union of India decision from 2017, the Supreme Court upheld this right, recognizing privacy as a basic and constitutional right guaranteed by Article 21 of Part III of the Indian Constitution. Evolution of the Right to Privacy The right to privacy is not mentioned in Part III of the Constitution, which deals with fundamental rights, because its creators did not specifically envision it. Since the outset, the judiciary has discussed and Interpreted privacy. In the 1954 case of M.P. Sharma v. Satish Chandra, the Supreme Court imposed limitations on the rights of several petitioners and mentioned the right to privacy in passing when determining whether searches and seizures were unjustified. Kharak Singh vs. State of UP (1961): The Supreme Court examined the power of police surveillance concerning history sheeters, and it ruled in favour of the police, holding that the right to privacy has not been guaranteed as a fundamental right under the Constitution.
Gobind vs. State of MP & ANR (1975): The Supreme Court introduced the compelling state interest test from American jurisprudence. The court stated that an individual’s right to privacy would have to give way to a larger state interest, the nature of which must be convincing.
PUCL vs. Union of India (1997): The Supreme Court unequivocally held that individuals had a privacy interest in the content of their telephone communications.
Information Technology Act 2000: The Act was amended in 2008 to insert Section 43A, which made companies compromising sensitive personal data liable to pay compensation.
Constitutional Framework
The Constitution of India does not explicitly mention the term “privacy.” However, several provisions form its foundation:
- Article 14 guarantees the right to equality before the law and equal protection of laws.
- Article 19 ensures freedoms related to speech, expression, and movement.
- Article 21 guarantees the right to life and personal liberty, stating that “no person shall be deprived of his life or personal liberty except according to procedure established by law.”
Right to Privacy Significance
- The right to privacy is fundamental for safeguarding individual autonomy, dignity, and freedom. Recognised in the Puttaswamy Judgment, it ensures protection from surveillance, enables free expression, and secures personal data, strengthening democratic values.
- Right to Life with Dignity: Privacy is linked to the constitutional right to life and dignity. It offers a shield against actions that could undermine personal respect and ensures that all individuals are treated with honour and respect.
- Freedom of Expression: Privacy enables free expression by ensuring individuals can express, explore, and share their ideas without fear of judgment or retribution, which Protection from Surveillance: Privacy protects against intrusive surveillance, preventing governmental and private entities from unreasonably tracking individuals’ activities, thus preserving a sense of security and freedom in personal spaces.
- Data Protection: In the digital age, privacy safeguards personal data, preventing unauthorised access to sensitive information, which is crucial for protecting identity and financial security and maintaining trust in digital services….
- Right to Privacy Challenges
- The right to privacy in India is constantly in contention—balancing individual privacy with other fundamental rights, security, and digital inclusivity. The challenging challenges arise in areas like prioritisation over other rights, digital awareness, and communications surveillance, often exposing gaps in regulatory and judicial clarity.
- strengthens democratic discourse and personal development. conflict with Other Rights: Prioritising the right to privacy over other fundamental rights is challenging. For example, during COVID-19, there was a clash between the right to life and the fundamental right to privacy, and therefore, it became of necessary importance and was prioritised.
Digital Divide4: Many individuals, especially in rural areas, lack awareness and resources to protect their privacy, leaving them vulnerable. For example, a limited understanding of online privacy settings leads to data misuse.
Communications Surveillance: In modern times, surveillance is carried out via tapping or interception of telecommunication messages, etc. The two most important legislations in this context are the Indian Telegraph Act of 1885 and the Information and Technology Act of 2000.
According to both of these Acts, the government can invade an individual’s privacy based on national security, friendly relations with foreign states, and public order to prevent incitement and the commission of an offence.
Judicial Clarity: Despite the landmark Puttaswamy v. Union of India ruling affirming privacy as a fundamental right, clear legal frameworks for implementation and enforcement remain limited, complicating privacy protection measures.
Fundamental Rights in the United States and India
The modern trend of guaranteeing fundamental rights to the people may be traced to the Constitution of the USA.
The original constitution as drafted in the year 1787 did not contain any fundamental right. There was trenchant criticism of the US Constitution on this point.
Following the spirit of the Magna Carta of the British and the Declaration of the Rights of Man and the citizens of France, the Americans incorporated the Bill of Rights in their Constitution in the year 1791 in the form of ten amendments and thus the Americans were the first to give the Bill of Rights a constitutional status.
Coming to India, a few good reasons made the enunciation of the fundamental rights in the Constitution rather inevitable.
Firstly, the main political party, the Congress, had for long been demanding these rights against the British rule.
During the British rule in India, human rights were violated by the rulers on a very wide scale.
Therefore, the framers of the Constitution, many of whom had suffered incarceration during the British regime, had a very positive attitude towards these rights.
Secondly, Indian society is fragmented into many religions, cultural and linguistic groups and it was necessary to declare fundamental rights to give to the people a sense of security and confidence .
Challenges in Implementation
Despite judicial recognition, several challenges hinder the realization of privacy rights in India:Lack of adequate data protection awareness among citizens.Weak institutional mechanisms for enforcement.Excessive state surveillance without judicial oversight.Conflict between the right to information and the right to privacy. Technological advancements that outpace legal frameworks.
Landmark judgement.
Kharak Singh v. State of Uttar Pradesh (1962)
In this case concerning police surveillance, the majority held that privacy was not a fundamental right. However, Justice Subba Rao’s dissenting opinion was significant; he argued that personal liberty under Article 21 includes the right to privacy, stating that “nothing is more deleterious to a man’s physical happiness and health than a calculated interference with his privacy.”
Rajagopal v. State of Tamil Nadu (1994)
In this case, also known as the Auto Shankar case, the Supreme Court recognized the right to privacy as part of Article 21. It ruled that no one can publish anything concerning a person’s private life without their consent unless it forms part of public records. This decision firmly linked privacy with freedom of expression and the press.
Justice K.S. Puttaswamy (Retd.) v. Union of India (2017)
This is the most landmark decision on privacy in India. A nine-judge bench of the Supreme Court unanimously declared that privacy is a fundamental right protected under Part III of the Constitution. The Court stated that privacy is intrinsic to the right to life and personal liberty under Article 21 and also to the freedoms guaranteed under Articles 14 and 19.
The judgment emphasized that privacy includes autonomy over personal decisions, bodily integrity, and protection of personal data. It overruled earlier decisions in M.P. Sharma and Kharak Singh, thus establishing privacy as an enforceable right.
“Right to Privacy as a Fundamental Right in India: An Analytical Study.”
Historical background of privacy in India and abroad .Link between privacy and human dignity Purpose and scope of the study
Constitutional Framework of Right to Privacy in India Articles 14, 19, and 21: the golden triangle Absence of explicit mention of “privacy” in the Constitution Judicial interpretation leading to recognition of privacy as a right.
Judicial Development of Right to Privacy
Comparative Perspective Right to privacy in the United States, United Kingdom, and European Union (GDPR) Lessons India can learn from global privacy standards.
Challenges and the Way Forward6
Lack of a comprehensive data protection regime (till recently) Need for strong enforcement mechanisms Role of judiciary, legislature, and civil society Right to privacy as a living and evolving concept Importance of balancing individual liberty with state power The need for awareness, regulation, and accountability .Right to Privacy as a Fundamental Right in India: An Analytical Study
Constitutional Framework
The Constitution of India does not explicitly mention the term “privacy.” However, several provisions form its foundation:
Article 14 guarantees the right to equality before the law and equal protection of laws. Article 19 ensures freedoms related to speech, expression, and movement.
Article 21 guarantees the right to life and personal liberty, stating that “no person shall be deprived of his life or personal liberty except according to procedure established by law.”
.Scope and Dimensions of the Right to Privacy
The right to privacy is multi-dimensional and includes various aspects of human life. The Supreme Court in Puttaswamy identified three facets:
Physical Privacy: Protects bodily integrity and autonomy (e.g., reproductive rights, medical confidentiality).Informational Privacy: Relates to the control over dissemination and use of personal information.Decisional Privacy: Concerns the freedom to make intimate personal choices such as marriage, procreation, and sexual orientation.
In the digital age, informational privacy has gained new significance due to the extensive collection and processing of personal data by governments and private entities. Issues like data breaches, surveillance, and unauthorized sharing of personal information pose serious threats to privacy.
Balancing Privacy with State Interests
Like all fundamental rights, the right to privacy is not absolute. The Puttaswamy judgment recognized that privacy can be restricted by law if three conditions are satisfied:
Legality – There must be a law in place authorizing the restriction.Legitimate Aim – The restriction must serve a legitimate state purpose (e.g., national security, public order).
Proportionality – The restriction must be necessary and proportionate to achieve the purpose.
Thus, the State can justifiably limit privacy for reasons such as crime prevention, public safety, or health—but such actions must follow due process and must not be arbitrary.
Data Protection and Digital Privacy
With the rise of technology, personal data has become a valuable resource. The Aadhaar program and widespread use of social media platforms have brought privacy concerns to
the forefront. To address these, the Indian government enacted the Digital Personal Data Protection Act, 2023, which seeks to regulate the processing of digital personal data and protect individuals’ informational privacy.
However, challenges remain regarding data localization, consent, and enforcement mechanisms. The lack of transparency in government surveillance programs also continues to raise concerns about misuse of personal data.
Comparative Perspective
In the United States, privacy is derived from the Fourth Amendment and interpreted through cases like Griswold v. Connecticut (1965) and Roe v. Wade (1973). In the United Kingdom, the Human Rights Act, 1998, and Article 8 of the European Convention on Human Rights protect privacy.
In the European Union, the General Data Protection Regulation (GDPR) of 2018 provides a robust legal framework for data privacy.
India’s recognition of privacy as a fundamental right aligns it with these global constitutional democracies but still requires strong statutory safeguards and institutional mechanisms for effective protection.
Challenges in Implementation
Implementation Difficulties Even with court recognition, India faces a number of obstacles to the implementation of privacy rights: Citizens’ inadequate awareness of data protection inadequate institutional enforcement mechanisms. Excessive government monitoring without judicial review. The right to privacy and the right to information are at odds. Developments in technology that surpass legal structures. Strong law is necessary to address these problems, but so are judicial watchfulness and public involvement in the policy-making process.
Conclusion
The recognition of the Right to Privacy as a Fundamental Right in Puttaswamy v. Union of India has transformed the constitutional landscape of India. Privacy is now seen as an inseparable part of dignity, autonomy, and liberty. However, the challenge lies in translating this constitutional promise into practice, particularly in the digital era.
As India becomes more data-driven, privacy protection must evolve to meet new threats. The State must balance legitimate interests such as security and welfare with individual freedoms. Ultimately, the right to privacy symbolizes the essence of human dignity and personal autonomy—the heart of a free and democratic society.
Reference(S):
1 https://unacademy.com/content/upsc/study-material/general-awareness/right-to-privacy-as-a fundamental-right-implication-of-the-verdict/Right to Privacy, Fundamental Rights, Article 21, Supreme Court of India, K.S. Puttaswamy case, Data Protection, Digital Rights.
2 https://vajiramandravi.com/upsc-exam/right-to-privacy/
3 https://testbook.com/question-answer/right-to-privacy-as-a-fundamental-right-is-implied– 617c12dd397bac02491ea832
4 https://askfilo.com/user-question-answers-smart-solutions/148-right-to-privacy-as-a-fundamental-right-is implicit-in-a-3337323134393736
5 https://lotusarise.com/qna/upsc/q-right-to-privacy-is-protected-as-an-intrinsic-part-of-right-to-life-and personal-liberty-which-of-the-following-in-the-constitution-of-india-correctly-and-appropriately-imply-the above-statement
6 https://vajiramandravi.com/upsc-exam/right-to-privacy/
