Right to Privacy: A Critical Analysis

  • Sahil Goel
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  • Sahil Goel

    Student at Amity Law School, Noida, India

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“Law is a normative science that is a science which lays down norms and standard for human behaviour in a specified situation or situations which is enforceable through the sanctions of the state.” The concept of privacy has been the most challenging & technical issue in front of our judiciary, government & the people of India in the past. But what actually do we mean by the term privacy & in what context do we say, that we should have a right to privacy? It is important to critically analyze the right to privacy because initially, the right to privacy had a very narrower scope as it only included 'right to be let alone”. The objective to conduct this research-based study is to trace the evolution of privacy, find out what exactly privacy is & how it evolved through various cases before the judiciary. The paper would critically analyze the judgment & its implications in KS Puttaswamy Vs Union of India case in which right to privacy was declared to be a fundamental right under part 3 of the Constitution of India & not an elitists phenomenon anymore, by a 9-judge bench of Supreme court of India. This judgment broadened the scope of Article 21 which entitles a person to right to life & personal liberty & included right to privacy under this article. Apart from the above, the paper would also focus on other aspects related to privacy such as phone tapping, state surveillance & privacy in the age of pandemic. The expected outcome of study would be to properly understand the view of judiciary towards right to privacy & what more needs to be achieved as a nation as far as right to privacy is concerned specially in the digital age.


Research Paper


International Journal of Law Management and Humanities, Volume 4, Issue 3, Page 2117 - 2140

DOI: https://doij.org/10.10000/IJLMH.11695

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.


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