the Supreme Court held “that Regulation 236 of the UP Police Regulations violated
the Constitution because it violated Article 21 of the Constitution. The Court held that
the right to privacy is part of the right to protect life and personal freedom. In this
case, the Court equated privacy with personal freedom.” The Hon’ble Supreme Court
while disposing of the case of Gobind v State of M.P.16 observed that “There can be no
doubt that privacy-dignity claims deserve to be examined with care and to be denied
only when an important countervailing interest is shown to be superior. If the Court
does find that a claimed right is entitled to protection as a fundamental privacy right,
a law infringing it must satisfy the compelling state interest test. Then the question
would be whether a state interest is of such paramount importance as would justify an
infringement of the right.”
In 2017, the Supreme Court of India, in the landmark judgement of Justice K.S.
Puttaswamy (Retd.) v. Union of India1717 declared “the right to privacy as a
fundamental right protected under the Indian Constitution. Even though there is no
dedicated privacy law, certain statutes, and regulations in India touch upon privacyrelated issues in specific sectors. The Supreme Court of India declared that the right to
privacy is a fundamental right protected under the Indian Constitution. This landmark
judgement had significant implications for various government initiatives, including
the Aadhaar programme, which collects biometric and demographic data from Indian
residents.”
Information Technology (Reasonable Security Practices and Procedures and
Sensitive Personal Data or Information) Rules, 2011:18 These rules, issued under the
Information Technology Act, 2000, lays down guidelines for the collection, storage,
processing, and protection of sensitive personal data or information. The IT Act of
2000 is an important piece of legislation in India that governs electronic transactions
and communication. One of the key aspects of the Act is the right to privacy for
individuals in the digital space and recognises the right to privacy as a fundamental
right that needs to be protected in the online world.
Aadhaar Act, 2016: The Aadhaar Act19 governs the unique identification system in
India, known as Aadhaar. It addresses privacy concerns related to the collection and
use of biometric and demographic information.20
Indian Penal Code (IPC), 1860: The IPC contains provisions related to invasion of
1975 SC 1378
(2017)10 SCC 1
18
In exercise of the powers conferred by clause (ob) of sub-section (2) of section 87 read with section
43A of the Information Technology Act, 2000 (21 of 2000), the Central Government hereby makes the
rules.
19
An Act to provide for, as a good governance, efficient, transparent, and targeted delivery of subsidies,
benefits and services, the expenditure for which is incurred from the Consolidated Fund of India.
20
https://www.mondaq.com/india/privacy-protection/744522/the-supreme-court39s-aadhaar- judgementand-the-right-to-privacy accessed on 23.07.2023
16
17
88
Journal of the National Human Rights Commission, Vol. 22, 2023
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents