Right to Privacy: A Fundamental Right Recognized by the Supreme Court of India

Background

The concept of privacy has been a subject of legal debate and discussion worldwide. In India, the Supreme Court has played a significant role in defining and protecting the right to privacy.

In this blog post, we will delve into the landmark decision of the Supreme Court of India on August 24, 2017, which recognized the right to privacy as a fundamental right under Article 21 of the Indian Constitution.

The Landmark Decision

The Supreme Court, in its historic judgment, unanimously held that the right to privacy is an intrinsic part of the right to life and personal liberty guaranteed under Article 21 of the Constitution.

The Court recognized the multifaceted nature of privacy, encompassing a range of personal choices, bodily autonomy, informational privacy, and the right to make decisions about one's own life without undue interference from the state or other actors.

The Impact of the Decision

The Supreme Court's recognition of the right to privacy as a fundamental right has had a profound impact on Indian society.

It has strengthened the protection of personal data, online privacy, and the autonomy of individuals in making choices about their own lives.

Key Points of the Judgment

• The right to privacy includes the right to make choices about one's own life, including intimate relationships and personal autonomy.
• The state cannot infringe upon the right to privacy without a compelling reason and a proportionate response.
• The government has an obligation to protect the privacy of its citizens and to ensure that its actions are not arbitrary or discriminatory.

Conclusion

The Supreme Court of India's landmark decision on the right to privacy has been a transformative moment in Indian jurisprudence.

It has recognized the fundamental importance of privacy in a democratic society and has provided a strong foundation for the protection of individual rights and freedoms.