Right to Privacy as a Fundamental Right – Puttaswamy Judgment Explained

Introduction

The Right to Privacy is an essential part of personal liberty in any democratic society. For decades, Indian courts debated whether privacy was constitutionally protected. This uncertainty was finally resolved in the Justice K.S. Puttaswamy (Retd.) v. Union of India (2017) case, where a nine-judge bench of the Supreme Court unanimously recognized the right to privacy as a fundamental right under the Constitution of India.

This landmark ruling has not only reshaped Indian constitutional law but also influenced issues like data protection, surveillance, same-sex rights, reproductive autonomy, and freedom of choice.

Right to Privacy as a Fundamental Right – Puttaswamy Judgment Explained

Background – Privacy Debate Before Puttaswamy

Before the 2017 judgment, privacy was not explicitly mentioned in the Indian Constitution. Courts had delivered conflicting rulings:

• M.P. Sharma v. Satish Chandra (1954): An eight-judge bench held that the right to privacy is not a fundamental right.

• Kharak Singh v. State of U.P. (1962): A six-judge bench ruled that privacy was not protected, though Justice Subba Rao’s dissent recognized it as part of personal liberty.

For decades, these rulings created ambiguity. With the growth of technology, Aadhaar, and state surveillance, the issue resurfaced with greater urgency.

The Puttaswamy Case – Facts

In 2012, Justice K.S. Puttaswamy (Retd.), a former judge of the Karnataka High Court, filed a writ petition challenging the Aadhaar scheme on the grounds that it violated the right to privacy.

The key question before the Supreme Court was:“Is the right to privacy a fundamental right under the Constitution of India?”

Given the constitutional importance, the matter was referred to a nine-judge bench.

The Judgment – Recognition of Privacy as a Fundamental Right

On 24th August 2017, the Supreme Court delivered a historic unanimous verdict:

1. Right to Privacy is Fundamental

   • Recognized as an intrinsic part of Article 21 (Right to Life and Personal Liberty).

   • Also flows from Articles 14 (Equality) and 19 (Freedom of Speech & Expression, Movement, etc.).

2. Privacy is Not Absolute

   • Like other fundamental rights, it is subject to reasonable restrictions.

   • State can limit privacy for legitimate aims like national security, public order, prevention of crime, protection of health, and rights of others.

3. Overruling Previous Cases

   • M.P. Sharma (1954) and Kharak Singh (1962) were declared incorrect.

     
     

Dimensions of Privacy Recognized

The Court highlighted three main aspects of privacy:

1. Physical Privacy – Protection of body and personal space (e.g., surveillance, searches).

2. Informational Privacy – Control over personal data (e.g., Aadhaar, data protection).

3. Decisional Autonomy – Freedom to make personal choices (e.g., marriage, food, sexual orientation, reproductive rights).

   
   

Significance of the Puttaswamy Judgment

1. Strengthening Fundamental Rights

Privacy was recognized as essential to dignity, liberty, and freedom, cornerstones of democracy.

2. Impact on Aadhaar

Though Aadhaar was later upheld (with conditions) in 2018, privacy protections influenced how the scheme operates.

3. Data Protection and Digital Rights

The judgment laid the foundation for India’s Digital Personal Data Protection Act, 2023 and future data privacy regulations.

4. Individual Autonomy

Supported rights related to LGBTQ+ equality (Navtej Johar v. Union of India, 2018), reproductive autonomy, and freedom of choice in marriage and lifestyle.

5. Limits on State Power

Set standards for surveillance, search, and data collection by the government.

Tests for Privacy Restrictions

The judgment laid down guiding principles for restricting privacy:

1. Legality – There must be a valid law.

2. Legitimate Aim – The law must serve a public interest.

3. Proportionality – Restrictions must be proportionate to the need.

4. Procedural Safeguards – Adequate protections against abuse.

This ensures that privacy is not arbitrarily curtailed by the state.

Criticism & Challenges

While the judgment was widely celebrated, challenges remain:

• Balancing Privacy vs. National Security – Striking a fair balance is still complex.

• Implementation – India is still developing robust data protection and surveillance frameworks.

• Public Awareness – Citizens often lack awareness of their privacy rights.

Conclusion

The Puttaswamy Judgment marked a turning point in Indian constitutional law by declaring the Right to Privacy as a Fundamental Right. It reaffirmed the principles of liberty, dignity, and autonomy in a digital age.

For businesses, policymakers, and individuals, this judgment highlights the importance of protecting personal data and respecting individual choices. As India moves toward a data-driven economy, privacy will continue to be a cornerstone of constitutional governance and human rights.

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FAQs

Q1. What is the Puttaswamy judgment?

It is the 2017 Supreme Court ruling that declared the right to privacy a fundamental right under the Indian Constitution.

Q2. Is the right to privacy absolute in India?

No, like other fundamental rights, it is subject to reasonable restrictions in the interest of security, public order, and legitimate state aims.

Q3. Which articles of the Constitution protect privacy?

Primarily Article 21, but also Articles 14 and 19, collectively safeguard the right to privacy.