Been taken from Latin term 'privatus' which means' separated from the rest'
deprived of something, especially office, participation in the government' and
from 'privo' which means 'to deprive', is the ability of an individual or group
to seclude themselves or Information about themselves and there by reveal
This clearly shows that Privacy is something which a person is entitled to by
birth and there is no need for any written law to confirm it. It should be
understood as it is and is a right which cannot be infringed.
What Is Right To Privacy?
According to Blackstone's Law Dictionary, Right to Privacy means "a right to be
let alone"; the right of a person to be free from any unwarranted interference.
Recently, a judgment was delivered by Justice D.Y. Chandrachud that overruled
the principles evolved in the Habeas Corpus case in the case of Justice K.S.
Puttaswamy and ors. v. Union of India, which evolved as a landmark judgment in
the history of India with regards to the status of Right to Privacy.
The term Right to Privacy cannot be easily conceptualized. Privacy is a value, a
cultural state or condition that is intended towards individual on collective
self-realization varies from society to society. Right to privacy as to right to
be let alone thus regarded as a manifestation of an inviolate personality, a hub
of freedom and liberty from which the human being had to be free from invasion.
The basic thought behind prefacing of such a principle was to protect personal
writings and personal productions and its scope extends not only from theft and
physical misuse but against publication in any form.
Fundamental rights are basic rights which are inherited in every human being and
such rights should be endowed with every citizen of the country along with
proper remedies. Certain confidential and furtive part of the human beings
cannot be proclaimed at public domain. After the passing of the recent case of
2017, right to privacy has obtained impetus throughout the world and it has been
renowned as a fundamental right to privacy.
lenging the constitutional validity of the Indian biometric identity scheme
Aadhar. This was a case relating to the Unique Identity Scheme that was
discussed along with the right to privacy. The question that was placed before
the court was whether a right like right to privacy was guaranteed under the
Constitution or not. The Attorney General of India had however argued that
privacy did not have a place in the fundamental right guaranteed to Indian
Eventually, the Court decided that the question related to the right to privacy
should be left to be discussed by a larger constitutional basis because all
those judgments that denied the existence of the right to privacy were declared
by the larger benches than the cases where the right to privacy was accepted as
a fundamental right. Due to this an unresolved controversy emerged, that
compelled the Court to refer this issue to a larger bench so that it could be
The unanimous judgment by the Supreme Court of India (SCI) in Justice K.S.
Puttuswamy (Retd) vs. Union of India
is a resounding victory for privacy.
The order signed by all nine judges declares: The right to privacy is protected
as an intrinsic part of the right to life and personal liberty under Article 21
and as a part of the freedoms guaranteed by Part III of the Constitution.
Finally, it was on 24th August 2017, that a historical judgement was made by the
Supreme Court of India that stated the right to privacy to be a part of
fundamental rights that was protected by the Indian Constitution. The Supreme
Court declared that the right to privacy stems from the fundamental right to
life and liberty and that it would be having a long lasting consequence.
The Nine- Judge bench of the Supreme Court was involved in the case of
Puttuswamy vs. Union of India
that declared the right to privacy to be
protected under Part III of the Constitution of India. The Judgment was in
response to the reference made in connection with the challenge to India's
National Identity project called Aadhar.
- Available at https://www.constitutionofindia.net/constitution_assembly_debates/volume/7/1948-12-03#7.66.11, Visited on 20 April, 2021.
- AIR 1954 SC 300
- AIR 1963 SC 1295
- Supra note 4
- AIR 1975 SC 1378
- AIR 1978 AIR 597, 1978 SCR(2) 621
- AIR 1995 SC 264
- (Crl) No(s).2524/2014
- AIR 2014 SC 2524
- Sargam Thapa, "The Evolution Of Right To Life In India", Volume 10 Issue 2 Ser. I, February 2021,PP 53-58
- Deepthi Arivunithi, "Cyber Space Vis-�-vis Right to Privacy", Available at http://tnsja.tn.gov.in/article/Cyber%20space%20vis%20-%20corrected%20new%2012082018.pdf, Visited on 18 April, 2021.
- 7 (2011) 7 SCC 69
- People's Union for Civil Liberties (PUCL) v. Union of India, reported in (1997) 1 SCC 301