Year: 2025
Type: article
Abstract: The right to privacy in India has undergone a transformative evolution, progressing from judicial neglect to constitutional prominence. Initially absent from the express text of the Indian Constitution, privacy was denied recognition in early rulings such as M.P. Sharma v. Satish Chandra and Kharak Singh v. State of U.P. Over time, however, the Supreme Court of India expanded the interpretation of Article 21, which guarantees the right to life and personal liberty, to include unenumerated rights such as privacy. This paper traces the jurisprudential development of the right to privacy, with special emphasis on the landmark judgment in Justice K.S. Puttaswamy (Retd.) v. Union of India (2017), which unequivocally recognized privacy as a fundamental right inherent in human dignity and autonomy. The judgment laid down a broad framework for understanding privacy as a multifaceted right, encompassing informational, decisional, and bodily privacy. The paper also explores contemporary challenges in enforcing this right, particularly in the context of the Aadhaar identification project, digital surveillance, and the growing role of private tech corporations in data collection. The inadequacy of India’s current data protection regime is highlighted, especially in comparison to international standards such as the European Union’s General Data Protection Regulation (GDPR). By situating Indian privacy jurisprudence within a global context, this study underscores the urgent need for a robust legal framework that balances individual liberties with legitimate state interests. Ultimately, the paper advocates for privacy to be treated not merely as a legal entitlement but as a cornerstone of democratic society in the digital age.
Authors: Kshitiz Dubey, Jyotsna Singh
Institutions: Amity University, Amity University
Language: English
Topic: Law, Rights, and Freedoms
Subfield: Sociology and Political Science
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W4409617174