This article is written by Priyanshi Pandey of the University School of Law and Legal Studies, GGSIPU. This article discusses the Constitutional framework of Article 21, the judicial development of the Right to Privacy, Supreme Court judgments, and contemporary challenges related to the Right to Privacy.
Indian Constitution is a living Constitution whose development through judicial interpretation has kept up with the dynamic requirements of society. Article 21 of the Indian Constitution is distinct from all others in guaranteeing every individual his right to life and personal liberty at a time when personal data of individuals is continually being generated, processed, and exchanged digitally. Technological advancements, the widespread use of social media, biometric technologies, and digital platforms have created new challenges to the protection of individual privacy. Through the landmark judgment of the Supreme Court of India in Justice K.S. Puttaswamy (Retd.) v. Union of India (2017), the Right to Privacy was affirmed as being a fundamental part of the rights enshrined in Article 21 along with other Fundamental Rights.
Keywords: Article 21, Right to Privacy, Fundamental Rights, Personal Liberty, Constitutional Law.
Meaning and Scope of Article 21
“No person shall be deprived of his life or personal liberty except according to procedure established by law”– this is the phrase used in Article 21, which, despite being succinct, is one of the most important articles of the Constitution because of its expansive judicial interpretation. As opposed to some other Fundamental Rights available only to citizens, the provision of Article 21 is available to every individual, regardless of citizenship.
Judicial interpretation has expanded the meaning of “life” under Article 21 beyond mere physical existence to include the right to live with dignity, free from exploitation, humiliation, and arbitrary interference. In fact, the Supreme Court has stated that a life with dignity implies that every individual should have the right to live in conditions essential for human development, which include healthy living, proper education, gainful employment, safe environment, legal help, adequate housing and quick dispensation of justice.
“Personal Liberty”, on the other hand, refers to freedom of choice and decisions regarding one’s own body, family, travel, communication and beliefs.
One of the greatest advancements in the interpretation of Article 21 is that the Right to Privacy has been considered an integral component of the right to life and personal liberty in the case of Justice K.S. Puttaswamy (Retd.) v. Union of India (2017).
Therefore, Article 21 is not limited merely to ensuring protection against the violation of life anymore. Instead, it has become a flexible and versatile source of many Fundamental Rights.
The scope of Article 21 was significantly expanded by the Supreme Court in Maneka Gandhi v. Union of India (1978), where the Court held that the “procedure established by law” must be just, fair, and reasonable, thereby laying the foundation for recognising several unenumerated fundamental rights, including the right to privacy.
Landmark Case Laws
There was no overnight development of the Right to Privacy as a fundamental right in India. There were many judicial pronouncements by the apex court of India that led to the development of the current concept of privacy as per Article 21.
1. Kharak Singh v. State of Uttar Pradesh (1962)
The Supreme Court struck down the provision permitting domiciliary visits by the police during night hours as violative of personal liberty under Article 21. Although the majority did not expressly recognise privacy as a fundamental right, the judgment laid the foundation for the subsequent development of the right to privacy. Justice Subba Rao’s dissent strongly recognised privacy as an essential component of personal liberty.
2. Gobind v. State of Madhya Pradesh (1975)
The Supreme Court recognised that the right to privacy could be protected under Articles 19(1)(a), 19(1)(d), and 21, while observing that it is not an absolute right and may be restricted by compelling State interests.
3. R. Rajagopal v. State of Tamil Nadu (1994)
Publication of personal information would not generally be possible without consent, except when the information is already in the public domain or when the publication is legally authorized.
4. People’s Union for Civil Liberties (PUCL) v. Union of India (1997)
In this case, it was held that telephonic conversation is private in nature and falls under Article 21 of the Constitution. Some guidelines were laid down for monitoring of telephonic conversations.
5. Justice K.S. Puttaswamy (Retd.) v. Union of India (2017)
In a judgment delivered by a nine-judge bench of the Supreme Court, it was unanimously decided that the Right to Privacy is a Fundamental Right under Articles 14, 19, and 21 of the Constitution. The Court reaffirmed that privacy forms part of the interrelationship between Articles 14, 19 and 21, often referred to as the “Golden Triangle” of the Constitution.
6. K.S. Puttaswamy (Aadhaar-5J.) v. Union of India (2018)
The Supreme Court upheld the constitutional validity of the Aadhaar scheme subject to certain limitations. It struck down provisions permitting mandatory Aadhaar authentication by private entities and emphasised the protection of personal and biometric data.
Privacy in the Digital Era
Individuals of today’s world give out their personal data through various means such as smartphones, social media accounts, online banking facilities, mobile payment apps and e-commerce sites. With all these technological developments, issues concerning data privacy and protection have become a major concern since every action performed online creates a digital footprint (Information) of one’s name, address, telephone number, financial information, browsing history, location, pictures, biometric data and preferences, all of which can be exploited through various means such as identity theft, financial fraud, cyber-stalking, data breaches, etc.
Realizing the gravity of these problems, India has come up with the Digital Personal Data Protection Act, 2023.
The consent provision is one of the main provisions of the Act. Entities such as Data Fiduciaries have to obtain consent from individuals for collecting and processing their personal data apart from exceptions under law. The individuals, called Data Principals, have some rights like the right to seek access to information, right to seek correction/deletion of inaccurate data, right to withdraw consent and grievance redressal. For efficient implementation, the Act proposes the formation of the Data Protection Board of India that will be taking care of complaints, compliance and penalties.
Therefore, in the age of digital communication, the Right to Privacy does not mean only the privacy of physical space and private communications but also the privacy of an individual’s digital self.
Reasonable Restrictions on the Right to Privacy and Challenges
Though the Right to Privacy is recognized as a Fundamental Right according to Article 21 of the Constitution, it is not an absolute right. It is subject to limitations in certain situations in order to serve greater public interest, including:
• For the investigation of grave offenses.
• To safeguard national security and defence.
• To stop terrorism and organized crime.
• Public health crises, for example, to control outbreaks of infectious disease.
• For the purpose of fulfilling taxation and other legal requirements.
• Legal processes.
Whereas there is a constitutional guarantee of privacy for the citizens, they are under an obligation to abide by the laws that are created for the betterment of the community at large as long as those laws adhere to the requirements of constitutionality, necessity, reasonableness and proportionality.
Moreover, other challenges that pose a threat to privacy include growing incidents of cybercrimes and data breaches, where sensitive data including banking details, Aadhar card number, passwords, pictures etc. end up in the hands of hackers and used in identity thefts, financial scams, stalking and other violations of an individual’s Right to Privacy. In addition to this, insufficient surveillance system, lack of knowledge about the Right to Privacy and finding a balance between individual Right to Privacy and larger interest of the community are the challenges that persist.
To overcome these problems, a number of factors including good laws, governance, technologies, and public education are needed. The correct enforcement of the Digital Personal Data Protection Act, 2023, the adoption of appropriate cybersecurity, an effective system of independent oversight, and regular awareness programs may make it easier to protect people’s privacy in India. It is also necessary that each person starts to use safe online behaviour like using a secure password, turning on two-factor authentication, not clicking on suspicious links, and carefully looking through privacy settings prior to sharing any personal data.
Conclusion
Right to Privacy is now one of the most prominent Fundamental Rights enshrined in the Indian Constitution. Though there is no specific provision for the right to privacy in the Indian Constitution, the Right to Privacy has been held to be one of the aspects of the right to life and personal liberty through Article 21 by the Supreme Court of India.
In the contemporary world of technology, where our personal data is being constantly acquired and processed, it becomes crucial to protect one’s privacy. The passing of the Digital Personal Data Protection Act, 2023 is indeed a milestone in this regard. However, its proper implementation along with efficient cybersecurity measures and awareness among people is a must.
However, the Right to Privacy cannot be looked at in isolation. It needs to be counterbalanced by genuine state concerns such as national security, public order, and crime prevention.
In the end, the preservation of privacy is not the sole duty of the government, but of private bodies and even individuals. With the advancement of technology in India, it is necessary to develop a robust legal and institutional regime that will ensure that innovation does not violate constitutional principles.
Frequently Asked Questions
1. What is Article 21 of the Constitution of India?
Article 21 states that no one shall be deprived of their life or personal liberty except by following the procedure established by law.
2. Does the Right to Privacy explicitly feature in the Constitution?
No. The Right to Privacy is not explicitly included in the Indian Constitution. However, it has been declared by the Supreme Court to be a part of the Fundamental Rights contained in Articles 14, 19, and 21 of the Constitution.
3. In which case was the Right to Privacy declared to be a Fundamental Right?
The Right to Privacy was declared a Fundamental Right in the case of Justice K.S. Puttaswamy (Retd.) v. Union of India (2017).
4. Is the Right to Privacy an absolute right?
No, the Right to Privacy is not an absolute right. There could be reasonable restrictions on it whenever permitted by law for valid reasons such as security of the state, public order, preventing any crime, etc. But these limitations should be justified, proportional, and must have legal safeguards.
5. How is the privacy protected under the Digital Personal Data Protection Act, 2023?
The Digital Personal Data Protection Act, 2023 is a piece of legislation for the processing of digital personal data. It ensures responsible processing of personal data by an organization and safeguards the personal information of individuals.
