Published on: 24th December, 2025
Authored by: Snigdho Dhar
University of Engineering & Management
Abstract
The landmark judgment of Justice K.S. Puttaswamy (Retd.) v. Union of India (2017) recognized the right to privacy as a fundamental right under the Indian Constitution.[1] This article examines the evolving jurisprudence on the right to privacy in India post-Puttaswamy, analyzing the impact of the judgment on various aspects of law and society. It discusses the development of the right to privacy, its scope, and its implications for individual autonomy, informational privacy, and state surveillance.
Keywords: Right to Privacy, Puttaswamy Judgment, Fundamental Rights, Indian Constitution, Informational Privacy, Decisional Autonomy, State Surveillance.
Introduction
The right to privacy is a fundamental human right that is essential for individual autonomy and dignity. The Indian Constitution does not explicitly mention the right to privacy, but the Supreme Court has recognized it as a fundamental right through various judgments. The landmark Puttaswamy judgment marked a significant milestone in the evolution of the right to privacy in India, and this article examines the impact of this judgment on the development of privacy law in India.
The Puttaswamy Judgment
In the Puttaswamy case, a nine-judge bench of the Supreme Court unanimously held that the right to privacy is a fundamental right protected under Articles 14, 19, and 21 of the Indian Constitution.[2] The judgment emphasized that privacy is an essential aspect of human dignity and autonomy. The court recognized that the right to privacy includes the right to informational privacy, decisional autonomy, and protection from unwarranted surveillance.
Impact on Informational Privacy
The Puttaswamy judgment has significant implications for informational privacy in India. The judgment has led to legislative developments in data protection, most notably the Digital Personal Data Protection Act, 2023, which aims to regulate the collection, storage, and processing of personal data in India.[3] The legislation recognizes the importance of informed consent, data minimization, and transparency in data processing.
Decisional Autonomy and Reproductive Rights
The right to privacy has also been linked to decisional autonomy, with courts recognizing the importance of individual choice and agency. The Puttaswamy judgment has implications for reproductive rights, with courts acknowledging the importance of individual autonomy in making reproductive choices. This principle extends to various aspects of personal decision-making, reinforcing the individual’s right to make intimate and personal decisions without undue interference from the state.
State Surveillance and Privacy
The Puttaswamy judgment has raised important questions about state surveillance and its impact on individual privacy. The court emphasized the need for a balance between national security concerns and individual rights. The judgment has implications for various forms of state surveillance, including interception of communications, data collection, and biometric identification. The court articulated that any restriction on privacy must satisfy the tests of legality, legitimate aim, proportionality, and procedural safeguards.
Conclusion
The Puttaswamy judgment has marked a significant shift in the evolution of the right to privacy in India. The judgment has far-reaching implications for individual autonomy, informational privacy, and state surveillance. As the jurisprudence continues to evolve, it is essential to balance individual rights with collective interests, ensuring that the right to privacy is protected while also addressing legitimate concerns of national security, public interest, and social welfare.
Moving forward, several key areas require attention to fully realize the promise of Puttaswamy:
1. Comprehensive Data Protection Framework: The implementation and enforcement of data protection legislation must be strengthened to ensure effective protection of informational privacy in the digital age.
2. Regulation of State Surveillance: Clear guidelines and robust oversight mechanisms for state surveillance activities are essential to ensure that individual rights are protected while addressing legitimate national security concerns.
3. Public Awareness and Education: There is a critical need for public awareness and education about privacy rights and the implications of the Puttaswamy judgment to empower individuals to protect their own privacy.
References
[1] Justice K.S. Puttaswamy (Retd.) v. Union of India, (2017) 10 SCC 1
[2] Id. at 216-217 (recognizing privacy as a fundamental right under Articles 14, 19, and 21).
[3] Digital Personal Data Protection Act, No. 22 of 2023, INDIA CODE (2023).
