Right to privacy - fundamental right under article 21 of the constitution of India

Abstract

Right to privacy is one of the most essential human rights of the modern era. It basically is the right of individual to be protected against intrusion into his personal life or affairs. This right is neither specifically provided by any statute nor is explicitly present in Constitution of India. Till now it was considered to be the inherent part of Article 21 because in various judicial pronouncements court has declared it to be the outcome of liberty under Article 21 of the Constitution of India. Howsoever the status of this right has come to question before court in the case of Justice K.S. Puttaswamy and others Versus Union of India. In this case the Government has contended that right to privacy is not a Fundamental right as the decision of two Constitution bench in 1954 and 1963 have yet not been overruled by a larger bench. Many cases have been decided after Kharak Singh and M P Sharma which have clearly regarded right to privacy as a Fundamental right and inherent part of Article 21 but none of it was given by a greater bench. Thus the question regarding the status still subsists and has been referred to a larger bench by Supreme Court. This dissertation would focus on determining the status of privacy and its source. The researcher would also enumerate the importance of privacy, its development in India and recent issues dealing with privacy. The dissertation will majorly revolve around the case of Justice K.S. Puttaswamy and others Versus Union of India and other earlier judicial pronouncement which would be thoroughly researched to deduce the status of right to privacy in India.