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Six years since Puttaswamy

  • Published
    13th Sep, 2023


As it has been six years since the Puttaswamy case got its pace, India is continually focusing on privacy Jurisprudence.

Expanding the Right to Privacy

  • Background and the Puttaswamy Judgment: It expanded the understanding of privacy, emphasizing autonomy, dignity, and identity as key principles.
  • Impact on Legal Landscape: The Supreme Court (SC) has used the right to privacy to decriminalize same-sex relations and adultery, promote interfaith and inter-caste marriages, and uphold the right to die with dignity.
  • Challenges: The SC's evolving privacy jurisprudence is shaping fundamental rights and freedoms in India.

Future of Privacy Jurisprudence in India

  • Implications and Ongoing Challenges: The SC will decide on the Pegasus spyware allegations, LGBTQIA+ marriage rights, and Digital Personal Data Protection Act
  • Pivotal Cases Ahead: These cases will shape the evolution of fundamental rights and freedoms.
  • Continued Expansion: The Court's role is to enable individuals to effectively exercise their rights and freedoms in India.

Way forward

  • Balancing Rights and Restrictions: While privacy rights have expanded, some restrictions have been imposed, such as on wearing hijabs in educational institutions.
  • Focus on individual Rights: The challenge is to strike a balance between individual rights and societal interests.
  • Right to Privacy as a Fundamental Right and must get a fair Constitutional recognition.
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