Concept of Privacy in India: A Socio-Legal Critique

Abstract

This article provides an incisive view on how the concept of privacy has evolved in India despite being a collectivist society. It has been observed that the notion of privacy co-existed with collectivist tradition even in ancient India. However, the collectivist approach was too dominant to allow an open discussion on the concept of privacy in the country. However, constitutional activists started vouching for privacy towards the fag end of 19th century which continued till the making of the constitution in independent India. However, the right to privacy remained outside the purview of fundamental rights till Supreme Court of India declared it as intrinsic to the fundamental right of life and liberty inherently protected under Article 21 of the constitution. Earlier judgements of the Supreme Court of India on various cases revolving around protection of privacy of individuals make strong case laws for privacy in the country culminating in the landmark judgement of privacy in 2017. This article adds value to the existing discourse on privacy by critiquing the issue from a socio-legal perspective.