The right to privacy has long been debated in India. It was only in 2017 that a nine-judge bench of the Supreme Court in Justice K.S. Puttaswamy v. Union of India unanimously declared privacy as a fundamental right under Article 21. This judgment has become the foundation for debates on surveillance, data protection, and personal autonomy in India.
Background of the Case
The case arose from challenges to the Aadhaar scheme, where the government required citizens to link their identity to biometric data. Petitioners argued that compulsory collection and storage of personal data without adequate safeguards violated privacy.
The Judgment
The Court held that privacy is intrinsic to the right to life and liberty. It includes bodily privacy, informational privacy, and the right to make personal choices. The bench overruled earlier judgments that had denied privacy the status of a fundamental right.
Significance
The judgment transformed constitutional jurisprudence. It became the basis for striking down intrusive surveillance measures and for demanding a comprehensive data protection law. It also recognized that privacy is essential to dignity, autonomy, and democracy.
Practical Implications
For citizens, the judgment means that any law or government action intruding into personal life must be tested on the grounds of legality, necessity, and proportionality. For example, mandatory disclosure of personal data without safeguards could be challenged as unconstitutional.
Conclusion
The Puttaswamy case elevated privacy to the status of a fundamental right, making it a shield against both state and private intrusions. It remains a cornerstone for protecting personal freedom in the digital age.