Nature of Privacy in India

  • Sudarshana Jha
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  • Sudarshana Jha

    Student at Vivekananda Institute of Professional Studies, India

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The nature of privacy in India is a complex and evolving concept deeply rooted in the country's cultural, legal, and historical context. This abstract explores the multifaceted dimensions of privacy, its evolution, and its current status in India. Privacy in India has historically existed within a collectivist society, where individuals' lives are interconnected. This collectivist ethos coexists with the growing influence of Western individualism, particularly post-1991 economic reforms. This juxtaposition necessitates a careful balance between individual and social needs in Indian privacy laws. Defining privacy proves challenging, as it lacks a universally accepted definition. It encompasses concepts of autonomy, information protection, confidentiality, and control over personal domains. Privacy has expanded from mere secrecy to a fundamental human need integral to free speech, research openness, and ethical treatment. The historical evolution of privacy dates back to ancient societies, with early legal codes emphasizing the importance of personal space and boundaries. In the 20th century, international legal documents recognized privacy as a fundamental human right, influencing national legislations. In India, privacy has deep cultural roots, with distinctions between public ("baahar") and private ("ghar") realms existing for centuries. Early constitutional efforts recognized the sanctity of one's home. The Indian Constitution's framers debated privacy's significance, with Dr. B. R. Ambedkar highlighting the need for protection against unreasonable searches and seizures. Several case laws in India have played crucial roles in establishing and shaping privacy laws. The M. P. Sharma case (1954) challenged the introduction of privacy as a constitutional right, while Kharak Singh case (1962) presented conflicting interpretations. The Selvi case (2010) affirmed mental privacy rights, and the R. Rajagopal case (1994) established the right to control personal information. A landmark moment in India's privacy journey was the Justice K. S. Puttaswamy case in 2017, where the Supreme Court recognized privacy as a fundamental right under Article 21 of the Constitution. It introduced the tests of legality, legitimate aim, and proportionality, providing a foundation for privacy protection. The Digital Personal Data Protection Act (DPDP) in India, enacted in 2023, builds on this recognition and incorporates principles akin to the European GDPR. It applies broadly, emphasizing purpose limitation, individual rights, and oversight by the Data Protection Board. India's approach to privacy blends legislative measures with contractual obligations, particularly in the corporate sphere. With rapid digitization and increasing cybersecurity concerns, data protection is becoming paramount. In conclusion, the nature of privacy in India is a dynamic interplay of culture, history, and legal evolution. Recent legislative developments, such as the DPDP Act, signal a growing commitment to safeguarding personal data, aligning India with global privacy standards while preserving its unique cultural context. Privacy in India is evolving, and the future holds promise for enhanced protection and awareness among its citizens.




International Journal of Law Management and Humanities, Volume 6, Issue 5, Page 1502 - 1511


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