Answer

The Right to Privacy was declared a fundamental right by the Supreme Court of India in the landmark case Justice K. S. Puttaswamy vs Union of India on 24 August 2017. It was held to be intrinsic to Articles 21 of the Constitution. The judgment affirmed that privacy is essential to ensure human dignity, autonomy, and individual liberty in a constitutional democracy.

Role of Right to Privacy in Dignity, Autonomy, and Freedom

• Safeguarding Personal Dignity: The right protects an individual’s choices, personal space, and freedom from unwarranted interference.
  Eg. The Puttaswamy judgment asserted that privacy is “the ultimate expression of the sanctity of the individual’s dignity.”
• Ensuring Bodily Autonomy: The right empowers individuals to make decisions about their bodies and health.
  Eg. It paved the way for Navtej Singh Johar (2018) and Joseph Shine (2018) judgments decriminalising homosexuality and adultery respectively.
• Preserving Freedom of Thought and Expression: The right enables citizens to hold beliefs and opinions without coercion or surveillance.
  Eg. The Court observed that privacy forms the foundation of Article 19 freedoms, especially free speech and conscience.
• Upholding Informational Autonomy: Individuals have the right to control the access and use of their personal data.
  Eg. The judgment led to the formulation of the Digital Personal Data Protection Act, 2023 to regulate data handling.
• Protecting the Right to Seclusion: Privacy allows individuals to live with dignity within their homes and intimate spaces.
  Eg. The Court overturned Kharak Singh (1962) and confirmed that privacy includes physical space and movement.
• Securing Minority and Identity Rights: The right defends individuals against social and institutional discrimination based on identity.
• Limiting Arbitrary State Power: The state can only intrude into privacy if it meets the criteria of legality, necessity, and proportionality.
  Eg. The Court held that privacy violations must pass a proportionality test, setting strong limits on executive powers.

Right to Privacy and Recent Legal and Surveillance Measures

• Live-in Registration: Mandatory registration for live-in couples under the Uttarakhand UCC invades personal autonomy.
• Disclosure of Private History: Couples are required to declare personal details, including previous relationships, to the government.
  Eg. This practice, implemented in Uttarakhand, has been criticised for violating the privacy guaranteed under Article 21.
• Surveillance under Prohibition Law: The enforcement of alcohol bans involves constant monitoring of personal choices.
  Eg. Bihar’s Prohibition Act enables search and seizure even in private homes, intruding on individual privacy.
• Aadhaar-Based Tracking: Collection and linking of biometric data without stringent safeguards raise privacy concerns.
• Encouragement of Citizen Surveillance: Certain laws incentivise neighbours and landlords to report private behaviour.
  Eg. Under Uttarakhand’s live-in regulations, citizens must inform authorities about others’ private relationships.
• Inadequate Data Protection Law: While the Digital Personal Data Protection Act, 2023 is a step forward, it lacks robust enforcement and user control.
• Lack of Judicial Oversight: Many surveillance measures bypass the judiciary, violating privacy safeguards.
  Eg. The Puttaswamy judgment mandated prior judicial scrutiny for any privacy-infringing action by the state, which is often missing today.

The Right to Privacy is essential to protect the dignity, freedom, and identity of every citizen. As India enacts new laws like the UCC and expands digital surveillance, it must ensure that all state actions remain privacy-respecting, proportionate, and subject to judicial oversight to preserve the ideals of a constitutional democracy.

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