Constitutionality of The Right To Privacy

Author: Sreejita Makhal, Student, Amity Law School, Amity University, Kolkata, India



The concept of privacy is not easy to capture in words or phraseology. It is known that privacy as an aspect of life is absolutely imperative; one cannot do without privacy or one's privacy. Privacy is, therefore, an extremely precious and valuable aspect of one's personality. The quest for privacy is an inherent instant of all human beings. As a matter of fact, it is a natural need of an individual to establish individual boundaries with almost perfect seclusion. The concept of privacy, in its broad sweep, covers a number of prospects like non-disclosure of information, sexual affairs, business secrets and non-observance by others. This critique assesses the fundamental right of privacy of every individual highlighting upon the various aspects of privacy. The paper further assesses one major recent case law and recent judgement which legally establish the right to privacy as one of our fundamental rights. Reasonable restrictions on the right to privacy have been discussed thoroughly. The international perspective of the right to privacy along with the conflict between the right to privacy and right to information has also been highlighted. It has thrown light on the right to privacy in the digital age in today’s India. Special mention has been given to COPPA (Children’s Online Privacy Protection Act). Further, there are other case laws which have helped in evolving right to privacy as our right. The legal and constitutional status has also been discussed. The paper has a detailed analysis of the statutory provisions which come under the purview of the right to privacy. The paper is concluded with the analysis of the right to privacy in today’s era.

Keywords: Right to Privacy, Constitution, Article 21, Infringement, Fundamental Right


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