Jurisprudence of Right to Privacy in India

Abstract

The debate of privacy basically had ignited in the 21st century with the need for data privacy laws and civil rights of privacy of every individual, irrespective of their sexual preference. Privacy is an important facet to life and liberty and an inherent part of the fundamental rights enshrined in the Constitution. It exists equally in all individuals, irrespective of class, strata, gender or orientation. It plays a significant role in the development of one’s personality, integrity, and dignity. However, the fact the privacy is not an absolute right, but an invasion must be based on legality, need and proportionality for safeguarding this cherished right and such an invasion must be justified by law. The authors in this paper have traced the origins of privacy, through various judicial pronouncements thereby recognizing privacy as a part of Article 21 of the Indian Constitution. The paper basically focuses on the jurisprudence of evolution of this right as a Fundamental right. Also considering the fact that the era we live in is the era of information and not every information we have is required to be provided and certain restrictions and protection are required to such information and hence the role of privacy becomes important here. The concept of protection of such privacy in the form of information is the utmost requirement in this technologically advanced era of the 21st Century.

Keywords: Jurisprudence, Privacy, Fundamental Right, Article 21, Indian Constitution, Puttuswamy