The Right to Privacy as a Fundamental Right: Post- Puttaswamy Developments

Author: Rishika Rai, Amity University Lucknow

Introduction
The right to privacy, a topic of extensive discussion in Indian legal and academic spheres, was formally acknowledged as a constitutional right following the Supreme Court’s significant decision in Justice K.S. Puttaswamy v. Union of India. This ruling elevated privacy from an implied right to a fundamental right protected under Part III of the Constitution, specifically within Article 21, which pertains to the Right to Life and Personal Liberty. Prior to this decision, the Constitution did not explicitly mention privacy, and Indian courts had not fully recognized it. However, the advent of the digital revolution, increased surveillance, data collection, and the use of biometrics brought the issues of informational autonomy and personal liberty into sharper focus. The Puttaswamy judgment addressed this evolving context and marked a pivotal moment in the development of rights jurisprudence in India.

Background
In 2012, Justice K.S. Puttaswamy, a retired judge from the Karnataka High Court, initiated a Public Interest Litigation. This litigation contested the Aadhaar biometric identification system, which had been introduced by the Indian government, on the grounds that it infringed upon individuals’ right to privacy. Initially, a three-judge bench heard the case, but it was then passed on to a larger nine-judge bench within the Supreme Court. This referral was made to address a key constitutional question: “Is the Right to Privacy a fundamental right under the Indian Constitution?”

Key Highlights of the Judgment
The Supreme Court has explicitly reversed previous rulings, including M.P. Sharma v. Satish Chandra and Kharak Singh v. State of Uttar Pradesh, which had asserted that privacy was not a fundamental right. Privacy is now understood as a multi-faceted right, encompassing bodily privacy, decisional autonomy, and informational privacy. The Court emphasized the connection between privacy and human dignity, stating that privacy is essential for individual autonomy. Any limitations on the right to privacy must adhere to a triple test: they must be legally authorized, pursue a legitimate state interest, and be proportionate to the objective.

Criticism

Lack of independent oversight
Broad exemptions for the State under “national interest”
Weak penalties and enforcement mechanisms

Challenges and Concerns

Existing surveillance laws, such as the Indian Telegraph Act and the IT Act of 2000, grant extensive authority with limited supervision. The absence of a data protection authority restricts avenues for resolving grievances. Furthermore, a significant portion of the population lacks awareness regarding their rights and the utilization of their data. Consent fatigue is also a prevalent issue, as users frequently agree to terms and conditions without fully comprehending the ramifications. Finally, advancements in technology, including AI, facial recognition, and big data, have broadened the potential avenues for privacy breaches.

FAQ

What is the Puttaswamy ruling about?
The Justice K.S. Puttaswamy v. Union of India case involved a 9-judge bench of the Supreme Court of India, which declared that the Right to Privacy is a fundamental right under Article 21 and Part III of the Constitution.

Why was the Puttaswamy ruling important?

It: Rejected previous rulings that denied privacy as a fundamental right. Created a base for data protection laws in the future. Established privacy as a key part of human dignity and freedom.

What are the main ideas of the ruling?

Privacy is a basic part of life and freedom. It covers privacy of the body, information, and decisions. Any limit on privacy must pass the three-part test of legality, necessity, and proportionality.
What was the impact of the judgment on Aadhaar and biometric data collection?
In the Aadhaar Case, the Court: Affirmed the constitutional validity of Aadhaar. Limited its application to welfare programs and PAN linkage. Invalidated sections that permitted private entities to utilize Aadhaar data.
What are the significant developments following the judgment?
Data Protection Bill: Personal Data Protection Bill, 2019: Proposed a structure for personal data protection but was later retracted. Digital Personal Data Protection Act, 2023: Passed to protect personal data, control data processing, and establish a Data Protection Board court decisions influenced by Puttaswamy: Navtej Johar v. Union of India: Homosexuality was decriminalized. Joseph Shine v. Union of India: The law on adultery was struck down. Bennu Anand v. State of Telangana: Privacy was reaffirmed in surveillance issues.




Conclusion

The Supreme Court’s recognition of the Right to Privacy as a Fundamental Right in Puttaswamy is a landmark judgment that has significantly advanced Indian constitutional law. It underscored the importance of individual autonomy, dignity, and freedom within a democratic framework. Nevertheless, the complete and effective implementation of this right remains a work in progress. Legislative measures, such as the Data Protection Act of 2023, represent positive advancements but require enhancements, including independent monitoring, rigorous enforcement mechanisms, and greater public education. While privacy is now constitutionally safeguarded in India, its enduring protection relies on continuous judicial scrutiny, accountable governance, and an engaged and knowledgeable populace.