Malla Reddy Engineering College And Management Sciences THE CONSTITUTIONAL PROVISIONS AND JUDICIAL INTERPRETATIONS REGARDING THE RIGHT TO PRIVACY IN INDIA NAME :- DHEERAVATH VIKRAM BRANCH :- EEE ROLL NO :- 23UJ5A0207 SUBJECT :- CONSTITUTION OF INDIA
Introduction The right to privacy is a fundamental human right that protects personal information and autonomy. In India, this right has evolved through various constitutional provisions and landmark judicial decisions.
What is the Right to Privacy? Control over personal data Freedom from unwarranted surveillance Protection of personal choices
Constitutional Basis Article 21: "No person shall be deprived of his life or personal liberty Privacy as part of the right to life and liberty
Landmark Judgment Case background: Challenged the constitutionality of Aadhaar Supreme Court's decision: Privacy is a fundamental right Impact: Strengthened protection of personal liberties
Judicial Reasoning in Puttaswamy Case Dignity: Privacy is intrinsic to personal dignity Autonomy: Essential for personal autonomy Protection: Safeguards against intrusion by the state and others
Aadhaar and Privacy Aadhaar: Government ID program with biometric data Privacy concerns: Data security and misuse Supreme Court ruling: Limited mandatory use to welfare schemes
Surveillance Technologies Example: PUCL v. Union of India (1997) Issue: Government phone tapping Court guidelines: Judicial oversight and legal procedure
Data Protection Importance: Protecting personal information online Proposed law: Personal Data Protection Bill Aim: Comprehensive regulation of data handling
Biometric Data Collection Biometric data collection, like fingerprinting or iris scans, poses privacy risks. The Supreme Court has ruled that such data collection must have clear consent and legal safeguards. Example: Selvi v. State of Karnataka (2010) Issue: Use of narco-analysis and polygraph tests Court ruling: Consent required, protection of bodily privacy
Digital Privacy Digital privacy involves protecting online activities and communications. The Shreya Singhal v. Union of India case highlighted the need to safeguard online freedom and privacy. Issue: Section 66A of the IT Act Court decision: Struck down as unconstitutional Impact: Enhanced online freedom and privacy
Conclusion The right to privacy in India has emerged as a fundamental aspect of personal liberty and dignity, recognized and reinforced by the Supreme Court through landmark judgments like K.S. Puttaswamy v. Union of India. This right is essential in safeguarding individuals against unwarranted intrusion by both the state and private entities, ensuring that personal data and autonomy are protected. As technology and society evolve, it is crucial to continuously adapt legal frameworks to address new challenges, such as digital privacy, surveillance, and data protection. Upholding the right to privacy not only enhances individual freedoms but also strengthens the foundation of a democratic society.