Context:
Justice K.S. Puttaswamy, a champion of privacy who challenged Aadhaar, died
Right to Privacy:
- Generally understood as the right to be left alone.
- Elaborated in the landmark Supreme Court decision of K.S. Puttaswamy v. Union of India (2017).
- Constitutional Protection –
- Article 21 – The right to privacy is protected as an intrinsic part of the right to life and personal liberty.
- Articles 14, 19 – Puttaswamy judgement also recognizes the right to privacy as a fundamental constitutional right under these articles.
- Restrictions – Can be restricted only by state action that meets 3 criteria –
- Legislative Mandate – The state action must have a legislative basis.
- Legitimate State Purpose – The action must pursue a legitimate state objective.
- Proportionality – The action must be necessary in a democratic society and the least intrusive means to achieve the objective.
- Government introduced the Digital Personal Data Protection Act, 2023, acknowledging the importance of privacy
Article 21 (Right to Life and Liberty):
- States that, “No person shall be deprived of his life or personal liberty except according to procedure established by law.”
- Available to ‘citizens’ as well as ‘non-citizens’.
- Supreme Court through its various judgements has expanded the scope of Article 21 by including rights such as –
- Right to live with human dignity.
- Right to die (Aruna Shanbaug Case)
- Right to internet (Sabu Mathew George v. Union of India, 2018)
- Right to be forgotten (K.S. Puttaswamy v. Union of India, 2017)
- Right to a decent environment including pollution-free water and air and protection against hazardous industries.
- Right to livelihood.
- Right to free legal aid.
- Right to a speedy trial.
- Right to travel abroad (Maneka Gandi vs GoI) etc.
Source: The Hindu
Previous Year Question
‘Right to Privacy’ is protected under which Article of the Constitution of India?
[UPSC Civil Services Exam – 2021 Prelims]
(a) Article 15
(b) Article 19
(c) Article 21
(d) Article 29
Answer: (c)
