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× #1 Mental Health Awareness: Breaking the Stigma #2 Right to Privacy: A Fundamental Right in India #3 The Impact of Social Media: Influence, Challenges, and Opportunities #4 Cultural Heritage Conservation: Preserving India’s Rich Legacy #5 Social Justice in India: Bridging Inequalities for an Inclusive Society #6 Role of Youth in Nation-Building: A Catalyst for Progress #7 Urban vs. Rural Development: Challenges and Opportunities #8 LGBTQ+ Rights in India: Progress, Challenges, and the Road Ahead #9 Women in Armed Forces: Breaking Barriers and Strengthening Defense #10 Secularism in India: Principles, Challenges, and Significance #11 Caste and Religious Conflicts in India: Causes, Impact, and Solutions #12 Navigating Ethical Dilemmas in Public Administration #13 Understanding Human Rights Violations: Causes, Impact, and Solutions #14 The Role of Civil Society in Governance: A Catalyst for Change #15 Gender Equality in India: Bridging the Gap #16 Role of Media in Democracy #17 Corporate Social Responsibility (CSR): Building a Better Tomorrow #18 Corruption in India: Issues and Solutions #19 Ethics in Governance: Building Integrity in Public Administration #20 Education as a Fundamental Right: Ensuring Inclusive and Equitable Learning

Ethics And Society

Understanding the Right to Privacy

The right to privacy refers to an individual’s ability to control the collection, use, and sharing of personal information. It includes protection from unnecessary or unauthorized intrusion by the state, corporations, or other individuals.

Privacy can be categorized into:

  • Physical Privacy – Freedom from surveillance and bodily intrusion

  • Informational Privacy – Control over personal data and digital information

  • Decisional Privacy – Autonomy in making personal life choices (e.g., marriage, reproduction, sexual orientation)

Legal Background Before Recognition

Before the official recognition in 2017, the Indian Constitution did not explicitly mention privacy as a fundamental right. Earlier judgments had conflicting opinions:

  • In M.P. Sharma vs. Satish Chandra (1954) and Kharak Singh vs. State of Uttar Pradesh (1962), the Supreme Court held that the right to privacy was not a fundamental right.

  • However, in later cases like Gobind vs. State of Madhya Pradesh (1975), the court hinted that privacy could be part of personal liberty under Article 21.

This legal inconsistency created the need for a definitive judgment.

Landmark Judgment: Justice K.S. Puttaswamy vs. Union of India (2017)

On August 24, 2017, a nine-judge bench of the Supreme Court unanimously ruled that the right to privacy is a fundamental right under:

  • Article 21 – Protection of life and personal liberty

  • Along with Article 14 (equality before the law) and Article 19 (freedom of speech and expression)

Key points from the judgment:

  • Privacy is intrinsic to human dignity and liberty.

  • It includes the right to make personal decisions, protect personal data, and control information dissemination.

  • The state must justify any infringement of this right through a legitimate aim, proportionality, and legal procedure.

Scope and Implications of the Judgment

The recognition of privacy as a fundamental right has wide-reaching implications in areas such as:

  1. Surveillance and Data Protection

    • Government surveillance must now pass strict constitutional scrutiny.

    • Strengthens the argument for a comprehensive data protection law.

  2. Aadhaar and Biometric Data

    • Raised questions about mandatory biometric authentication for welfare schemes.

    • Led to partial restrictions on the usage of Aadhaar for non-essential services.

  3. Reproductive and Sexual Rights

    • Strengthens individual autonomy in decisions like abortion, contraception, and same-sex relationships.

  4. Freedom of Press and Expression

    • Balances privacy with the right to publish public interest information.

    • Shields individuals from unnecessary media intrusion.

Need for a Data Protection Law

Following the Puttaswamy judgment, the need for a robust personal data protection framework became urgent.

  • Justice B.N. Srikrishna Committee was formed to draft a data protection bill.

  • The outcome was the Personal Data Protection Bill, 2019, which sought to regulate the processing of personal data by the government and private entities.

  • However, it was withdrawn in 2022 for further review and a revised version has been proposed as the Digital Personal Data Protection Bill, 2023.

Key features of the proposed law:

  • Consent-based data processing

  • Rights to access, correct, and erase personal data

  • Duties of data fiduciaries (data handlers)

  • Establishment of a Data Protection Board

Balancing Privacy with Other Interests

The right to privacy is not absolute. It must be balanced against:

  • National security

  • Public order

  • Prevention of crime

  • Public interest

Any restriction must follow the three-part test:

  1. Legality – Must be backed by law

  2. Necessity – Must serve a legitimate state interest

  3. Proportionality – Should not be excessive or arbitrary

Challenges Ahead

Despite its recognition, several challenges remain:

  • Lack of awareness among citizens about their rights

  • Delays in enacting strong data protection laws

  • Government surveillance and digital censorship

  • Privacy violations by private tech companies

Addressing these requires legal reform, public education, and greater accountability from both state and corporate entities.

Conclusion

The recognition of the right to privacy as a fundamental right marked a transformative moment in India’s constitutional history. It reinforces the democratic values of dignity, autonomy, and liberty. However, realizing this right in practice will depend on vigilant enforcement, transparent policies, and the active participation of civil society in demanding privacy protections. In an increasingly digital age, safeguarding privacy is not just a legal requirement—it’s a democratic necessity.