The right to privacy in India has evolved numerous times through a series of judgements. The 67-year-long journey of the right to privacy to become an acclaimed fundamental right is an important aspect of Indian politics. The proper recognition and implementation of the right to privacy are very essential. It guarantees the meaningful exercise of the other fundamental rights.
In the Puttaswamy I Union of India case of 2017, the supreme court of India declared the right to privacy as a fundamental right. It is protected under the right to liberty under Article 21 of the constitution. The right to privacy is also declared as the central component of Part III of the Constitution of India.
Despite not being stated explicitly under the fundamental rights, the right to privacy is important. The supreme court throughout time has made it clear. The political and social situations in the country recognise rights as per the requirements of the situation.
The permissible restrictions
The Constitution of India states that the right to privacy can be intruded upon by any legislative provision. It has to be deemed reasonable in terms of the Constitution. This intrusion is tested in terms of the purpose behind the act.
The right to privacy can be further nullified when there’s an executive order. The executive order has to be reasonable with the Constitution in terms of the demands and circumstances of the case.
Finally, the right can also be intruded upon by definite judicial orders. The intrusion must be warranted with sufficient reasons, all the while keeping the interests of the particular state protected.
Further steps to protect privacy
The government introduced the personal data protection bill in the year 2019. This functions for ensuring the privacy of individuals. A data protection authority of India was set up. Its primary function is to manage and ensure the protection of the personal data and information of an individual.
Further, the government introduced the IT rules in the year 2021. This included the regulation of social media and its intermediates along with the OTT platforms and the digital news media. However, the government still needs to take effective steps for balancing out the conflicting exercise of the right to privacy and other fundamental rights.