Evolution of Right to Privacy in India

Agam Sharma
Advocate (Delhi Bar Council)

Volume III, Issue II, 2020

This article examines the journey undertaken by the Indian courts before declaring the right to privacy as a fundamental right under the Constitution of India, in the judgment of Justice K.S. Puttaswami v. Union of India. For a simpliciter understanding, the substance of the article is divided into three phases covering the crux of several relevant judgments. The purpose of this article is to elucidate the thought process of our courts over a period of time and also to indicate the difficulties faced by them in declaring the right to privacy as a fundamental right. This article also discusses several exceptions carved out by the courts when the right to privacy was pit against other fundamental rights. It is hoped that this article will be helpful in understanding the interesting evolution of this right which has become rather crucial in this modern age of internet and technology.

 

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