Right to Privacy under Article 21 of the Indian Constitution
The Right to Privacy is one of the most significant extensions of Article 21 of the Indian Constitution. Although not explicitly stated in the original Constitution, the right was judicially recognized and firmly established by the Supreme Court in recent decades. This blog explores the scope of the Right to Privacy, its constitutional basis, legal evolution, landmark judgments, and its application in the digital era.
What is Article 21?
Article 21 of the Indian Constitution states:
“No person shall be deprived of his life or personal liberty except according to procedure established by law.”
Originally, Article 21 was interpreted narrowly. However, through a series of judicial decisions, the scope of this article has expanded to include several rights that form an integral part of a dignified life—most notably, the Right to Privacy.
Recognition of Privacy as a Fundamental Right
📌 Key Judgment: Justice K.S. Puttaswamy v. Union of India (2017)
In this landmark 9-judge bench decision, the Supreme Court unanimously held that:
“The right to privacy is protected as an intrinsic part of the right to life and personal liberty under Article 21 and as a part of the freedoms guaranteed by Part III of the Constitution.”
This overruled earlier decisions like M.P. Sharma (1954) and Kharak Singh (1962) which denied privacy as a fundamental right.
Legal Dimensions of the Right to Privacy
The right to privacy includes various facets, such as:
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Physical privacy: Protection against surveillance, bodily integrity.
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Informational privacy: Right to control one’s personal information.
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Decisional autonomy: Personal choices about marriage, procreation, sexuality, etc.
Case Laws Supporting the Right to Privacy
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Gobind v. State of Madhya Pradesh (1975)
– Recognized privacy as implicit under Article 21. -
R. Rajagopal v. State of Tamil Nadu (1994)
– Freedom of the press does not extend to violating a citizen’s privacy. -
PUCL v. Union of India (1997)
– Telephone tapping was held to violate Article 21 unless done under a legal framework. -
Navtej Singh Johar v. Union of India (2018)
– Decriminalized homosexuality and upheld the right to sexual privacy.
Digital Age and Privacy: Growing Concerns
With rising use of mobile apps, social media, biometric data, and surveillance tools, informational privacy has become a core concern. The Right to Privacy now serves as a shield against:
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Aadhaar data misuse
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Cyber snooping
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Unlawful data collection by corporations
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Cyberbullying and online defamation
Key Legislative Support
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Information Technology Act, 2000
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Section 66E: Punishment for violation of bodily privacy.
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Section 72A: Penalty for disclosure of personal information.
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Data Protection Bill (Pending):
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Aims to codify data privacy principles aligned with constitutional mandates.
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Limitations of the Right to Privacy
Like all fundamental rights, this right is not absolute. It can be reasonably restricted for:
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National security
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Public order
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Prevention of crime
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Protection of the rights and freedoms of others
Any such limitation must pass the “Three-fold test” laid down in the Puttaswamy judgment:
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Legality – Existence of a law
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Necessity – Legitimate state aim
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Proportionality – Least restrictive means
FAQs on Right to Privacy in India
Q1. Can my phone be tapped legally?
Yes, but only under lawful procedures defined under the Telegraph Act and IT Act.
Q2. Can private companies misuse my data?
Not legally. They are bound by contractual and legal obligations, and data protection laws are evolving to address this more robustly.
Q3. What to do if my privacy is violated?
You can file a writ petition under Article 226 (High Court) or Article 32 (Supreme Court), or lodge a complaint with cyber crime cells under IT Act provisions.
Conclusion
The Right to Privacy under Article 21 empowers every individual to live with dignity, free from unwarranted intrusion. As technology advances, this right will continue to evolve and gain prominence. It’s crucial for citizens to be aware of their rights and seek appropriate legal remedies when their privacy is violated.
Useful Legal Support Links
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Best Cyber Crime Lawyer in India – For FIRs, bail, quashing, and digital evidence guidance.
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Bail Lawyers – For anticipatory bail or if wrongly named in a cyber FIR.
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Patent24x7 – For intellectual property and tech legal synergy.
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HoBo Legal – For digital forensics and specialized legal consulting.
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Disclaimer
This blog is intended solely for educational and informational purposes. It does not constitute legal advice, nor does it promote or solicit any legal services. We are not engaged in advertising or offering legal representation through this content. Readers are encouraged to consult appropriate authorities or licensed legal professionals for advice or assistance related to their specific cases or situations.