RIGHT TO PRIVACY IN INDIA: CONSTITUTIONAL BASIS AND IMPLICATIONS ON MODERN ISSUES

Abstract

The right to privacy stands as a fundamental pillar of individual autonomy within the constitutional framework of India. This paper undertakes a comprehensive exploration of the multifaceted landscape surrounding the right to privacy in India, delving into its historical roots, constitutional foundations, contemporary challenges, and future outlook. Commencing with an examination of pre-independence cultural and legal landscapes, the study unfolds the constitutional basis of the right, predominantly enshrined in Article 21, exploring its evolution through landmark judicial pronouncements such as K.S. Puttaswamy v. Union of India (2017). The paper critically analyzes the limitations placed on the right, considering the delicate balance between individual privacy and societal interests. The research delves into the international dimension, conducting a comparative analysis with global standards and exploring the influence of international treaties and conventions on India's legal framework. Critiques of the right to privacy jurisprudence are discussed, alongside challenges in implementation and the nuanced task of balancing privacy with national security imperatives. The research concludes by underscoring the continued significance of the right to privacy in modern India and issuing a call to action for policymakers and stakeholders to fortify and adapt the legal framework in anticipation of emerging challenges.