Model Answer
0 min readIntroduction
The Right to Privacy, though not explicitly mentioned as a fundamental right in the Indian Constitution, has gained significant recognition through judicial interpretation. Initially viewed as an aspect of Article 21 – the Right to Life and Personal Liberty – its status evolved over decades. The debate surrounding privacy intensified with the advent of the Aadhaar scheme, culminating in the landmark *K.S. Puttaswamy v. Union of India* (2017) judgment. This judgment declared the right to privacy a fundamental right, protected under Article 21, recognizing its intrinsic connection to human dignity and autonomy. The assertion that privacy is an intrinsic part of the right to life necessitates a detailed examination of its constitutional basis and scope.
Historical Evolution & Initial Position
Prior to 2017, the Indian legal system’s stance on privacy was ambiguous. The 1960s saw the emergence of privacy concerns with the increasing state surveillance. The M.P. Sharma v. Satish Chandra (1962) case held that the right to privacy was not a fundamental right. This view was reaffirmed in Kharak Singh v. State of U.P. (1963), which focused on surveillance techniques and their impact on personal liberty, but didn’t establish privacy as a fundamental right.
The Puttaswamy Judgment (2017) – A Paradigm Shift
The *K.S. Puttaswamy v. Union of India* (2017) judgment fundamentally altered the landscape. A nine-judge bench recognized the right to privacy as an inherent aspect of Article 21, stating it is essential for the realization of a dignified human life. The court emphasized that privacy isn’t absolute and is subject to reasonable restrictions based on legitimate state interests, such as national security, crime prevention, and public order.
Key Aspects of the Judgment:
- Dignity and Autonomy: The judgment linked privacy to human dignity and individual autonomy, recognizing the importance of personal space and control over one’s life.
- Proportionality Test: The court introduced the ‘proportionality test’ for assessing the validity of any law infringing upon privacy. This test requires a balance between the individual’s right to privacy and the state’s legitimate aim.
- Legitimate State Interest: Restrictions on privacy must be based on a legitimate state interest, be necessary for achieving that aim, and be the least intrusive option available.
Scope and Limitations of the Right to Privacy
The right to privacy encompasses a wide range of interests, including bodily integrity, informational privacy, and decisional autonomy. However, it is not absolute. The Supreme Court has clarified that it is subject to reasonable restrictions.
Areas where privacy can be legitimately restricted:
- National Security: Surveillance for preventing terrorist activities.
- Crime Prevention: Investigating criminal offenses.
- Public Order: Maintaining law and order.
- Public Health: Contact tracing during pandemics (as seen during COVID-19).
Privacy and Aadhaar
The *Puttaswamy* judgment directly addressed the constitutional validity of the Aadhaar scheme. While upholding the scheme’s constitutional validity, the court imposed limitations on its scope, preventing the state from collecting excessive data and ensuring data security. The court emphasized the need for a robust data protection framework.
Subsequent Developments
Following *Puttaswamy*, the Supreme Court has continued to refine the understanding of privacy. In Justice K.S. Puttaswamy (Retd.) vs Union Of India (2019), the court struck down Section 377 of the Indian Penal Code, partially based on the right to privacy and personal autonomy. The ongoing debate surrounding the Data Protection Bill highlights the complexities of balancing privacy with other societal interests.
Conclusion
The recognition of the right to privacy as a fundamental right under Article 21 marks a significant milestone in Indian jurisprudence. The *Puttaswamy* judgment has established a robust framework for protecting personal data and ensuring individual autonomy. However, the ongoing challenge lies in effectively implementing this framework and balancing the right to privacy with legitimate state interests. A comprehensive data protection law, coupled with strong enforcement mechanisms, is crucial for safeguarding this fundamental right in the digital age and ensuring a dignified life for all citizens.
Answer Length
This is a comprehensive model answer for learning purposes and may exceed the word limit. In the exam, always adhere to the prescribed word count.