Legal Essay
Right to Privacy in India
LLB 6 semester / BALLB 1&2 Semester
Introduction:
The Right to Privacy is a cornerstone of human dignity and personal
freedom. In India, this right has emerged through judicial interpretations and
has become a vital part of Article 21 of the Indian
Constitution. With the rise of technology and surveillance, the right to
privacy is more important today than ever before.
Meaning
and Definition of Privacy
Privacy refers to the right of an individual to be free from any
unwarranted interference in their personal life. It allows individuals to
control their personal information, body, choices, and communication.
Justice
Subba Rao in Kharak Singh v. State of UP (1962) described privacy as:
“The
right to be let alone – the most comprehensive of rights and the right most
valued by civilized men.”
Justice D.Y. Chandrachud in Justice
K.S. Puttaswamy v. Union of India (2017) defined
privacy as:
“The
right of an individual to exercise control over the dissemination of personal
information.”
Constitutional
Background: Article 21
Article 21 states:
“No person shall be deprived of his life or personal liberty except according to procedure established by law.”
Initially, the right to privacy was not explicitly mentioned in the
Constitution. However, through various judgments, the Supreme Court held that
privacy is inherent in the right to life and personal liberty under Article 21.
Important Landmark Cases
1. Kharak Singh v. State of UP (1962)
- First case to discuss privacy.
- Court ruled that police surveillance violates personal liberty.
- However, majority rejected privacy as a fundamental right.
2. Gobind v. State of M.P. (1975)
- Recognized that privacy is a part of personal liberty under Article 21.
- However, it can be restricted for compelling public interest.
3. People’s Union for Civil
Liberties (PUCL) v. Union of India (1997)
o Discussed phone tapping and held it as a violation
of privacy.
o Set guidelines for lawful interception.
4. Justice K.S. Puttaswamy (Retd.)
v. Union of India (2017)
o Historic nine-judge bench judgment.
o Held that Right to Privacy is a fundamental right
under Article 21.
o Overruled previous judgments like M.P. Sharma and
Kharak Singh (partly).
o It linked privacy to dignity, autonomy, and
liberty.
Importance
of Right to Privacy:
§ Protects Individual Autonomy – Everyone has the right to make personal choices
without interference.
§ Safeguards Personal Data – In digital age, it controls misuse of personal
data.
§ Upholds Human Dignity – Privacy maintains respect for personal space.
§ Essential for Freedom – Protects freedom of expression, belief, and
thought.
Modern
Challenges to Privacy :
1. Aadhaar & Data Collection – Balancing between state welfare schemes and
individual data protection.
2. Digital Surveillance – Increasing use of facial recognition, CCTV, and
spyware (like Pegasus).
3. Social Media & Apps
– Apps collect user data
without consent.
4. Lack of Data Protection
Law – India recently
introduced the Digital Personal Data Protection Act, 2023,
but effective implementation is key.
5. AI and Biometric
Systems – Emerging technologies
create new risks to privacy.
Examples :
Pegasus
Spyware Scandal (2021) – Alleged
surveillance of journalists and activists. Raised questions on State intrusion.
WhatsApp
Privacy Policy Controversy (2021) – Forced
users to share data with Facebook. It sparked legal challenges.
International
Perspective
Universal
Declaration of Human Rights (UDHR), Article 12
“No one shall be subjected to arbitrary
interference with his privacy, family, home or correspondence…”
European
Convention on Human Rights (ECHR), Article 8 - Recognizes
right to respect for private and family life.
Conclusion :
The Right to
Privacy is not merely about secrecy, but about autonomy, dignity, and control
over personal space. It is the backbone of democracy and personal freedom. In
India, the judiciary has played a major role in recognizing and expanding this
right. However, with growing technology and surveillance, it is essential to
balance individual rights with public interest, and to strengthen legal
frameworks for data protection and digital safety.
“Privacy is the foundation upon which many
other rights stand. It must be protected with vigilance.”
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