Right To Privacy In India: It’s Evolution & Effect in Other Domains of Law

Mohini Priya
KIIT School of Law, Bhubaneswar, India

Volume-1, Issue-2, 2018

The right to privacy is our right to keep a domain around us, which includes all those things that are part of us such as our body, home, property, thoughts, feelings, secrets and identity. The right to privacy gives us the ability to choose which parts in this domain can be accessed by others, and to control the extent, manner and timing of the use of those parts we choose to disclose. It is also considered as a right to be left alone.

Earlier, the right to privacy was not included in the fundamental rights. Right to privacy was neither inclusively nor explicitly stated anywhere in the constitution and was completely subject to interpretation. It developed over a long period of time. The early two judgements denied from declaring right to privacy as a fundamental right and said that it is merely a statutory or a legal right but the landmark judgement on August, 2017, declared the right to privacy as the fundamental rights of the constitution. The nine judge constitution bench headed by CJI JS Khehar ruled that “The right to privacy is protected as an intrinsic part of the right to life and personal liberty under article 21 and as a part of the freedom guaranteed by part III of the constitution”. The judgement concludes that privacy is a necessary condition for the meaningful exercise of other guaranteed freedoms. The right to privacy is not absolute in nature and has some reasonable restrictions. Under the article 19 of the constitution, it can be limited only by fair, just and reasonable procedure established by law.

The article calls for constitutional amendment made by parliament, its evolution and its impact on other domain of law.


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