12/01/2024
Another one in the kitty !
Abstract😊
Privacy holds significant importance in the constitutional framework of India, with the right to privacy being recognized as an intrinsic part of an individual's fundamental rights. While the Indian Constitution does not explicitly mention privacy as a standalone right, the Supreme Court of India has interpreted various provisions to establish the existence and scope of the right to privacy.[1] The right to privacy in India primarily emanates from Article 21 of the Constitution, which guarantees the right to life and personal liberty. The Supreme Court, in numerous landmark judgments, has held that the right to privacy is an essential facet of the right to life and personal liberty. The court has recognized privacy as a fundamental right necessary for human dignity, autonomy, and the exercise of other fundamental rights. One of the pivotal cases that solidified the right to privacy in India is the Justice K.S. Puttaswamy (Retd.) v. Union of India case in 2017.[2] The Supreme Court, in this historic judgment, declared that privacy is a fundamental right under the Constitution. It recognized that privacy includes various aspects such as bodily integrity, personal autonomy, decision-making, and the protection of personal information. The right to privacy in India is not absolute and can be restricted under certain circumstances, such as for national security, public order, or the prevention of crime.[3] However, any infringement on privacy must be justified by a legitimate state interest and be proportionate to the objective pursued.