Group 4: Genealogy of Right to Privacy

Group 4: Genealogy of Right to Privacy

The right to privacy has not been mentioned anywhere in the most important part i.e. the Fundamental Rights of the constitution, thus enabling the state to curtail it without any repercussions. However, the concern with this right has historical significance. This idea can traced back to the M.N. Roy Draft which argues for the ‘right’ of inviolability of the person and homes of citizens as a fundamental one. It also protects the privacy of correspondence thus separating itself from the colonial mindset of a fear of the colonized which regarded Treason as the most heinous crime thereby justifying surveillance and curtailing the privacy of the subjects. Even K.M. Munshi, in the parliamentary debates put forward a similar idea. However, none of this found a room in the final draft of the Constituent Assembly and the Constitution remained an imperial document with a strong sense of anxiety.

Many countries like Germany, Canada and Sweden have strict laws to protect the privacy of the citizens, to keep up with the technological progress as well as the social necessities of the present times. Even recently, in developing countries like South Africa, the constitution of which is supposed to be inspired by Indian constitution also protects the privacy of citizens even though the Indian constitution itself does not.

The latest judgement has seen the right to privacy as a part of the Right to Life and personal liberty. In 9 judge bench decision by the Supreme Court in 2017, Right to Dignity was used to define Right to Privacy. Justice Chandrachud defined right to privacy as a right to be left alone. Justice Nariman defines it as right to privacy of the physical body, informational privacy and privacy of choice. Justice Kaul held that the privacy protects the individual from interference from both state and non-state actors and allows the individuals to make autonomous life choices.

The fact that the judiciary is now interpreting the right to privacy as a constitutional right and a part of dignified human life seems to be positive step forward. But without adequate legislation to support it just remains as a hopeful provision.