To What Extent Is There A Right To Privacy Under Article 21 In India ?

832 votes

The Supreme Court has recently clarified that fundamental rights under Articles 19 and 21 of the Constitution can be enforced not just against the State but also against private individuals and non-State actors—this is known as the 'horizontal application' of rights. This means that certain rights, including the right to privacy, are protected even in disputes or actions between private parties and not only in cases where the government is involved. When a law seeks to restrict a fundamental right, the 'legitimate aim' requirement means that the restriction must serve a valid public purpose such as national security, public order, or protection of the rights of others, and the restriction must satisfy a test of reasonableness and proportionality to ensure it does not go beyond what is necessary for that legitimate aim. This principle applies to all rights recognized under Article 21 and Article 19, including the right to privacy, which the Supreme Court has explicitly affirmed as horizontally applicable in important judgments like K.S. Puttaswamy and Kaushal Kishor. However, while rights like privacy are actionable against individuals, the remedies and the mode of enforcement may differ from those applied to State actions—often leading to civil remedies rather than constitutional writs, depending on context. The evolving jurisprudence now obligates both the government and private persons to respect fundamental rights, including those enumerated under Article 21 such as life, liberty, and privacy.

Advocate Yuganshu Sharma LawRato

940 votes

The Supreme Court has clarified that Articles 19 and 21 are not confined only to State action but can, in appropriate cases, be enforced against individuals as well. This extends the protection of rights like liberty, dignity and privacy even in private disputes, recognizing that non-State actors too may endanger these rights. The “legitimate aim” requirement means that if the legislature seeks to restrict a right, such restriction must serve a constitutionally valid purpose such as public order, morality, security or protection of others’ rights. Any such limitation must also satisfy tests of necessity and proportionality. Thus, rights such as the right to privacy under Article 21 are enforceable against individuals, while any curtailment by law must be demonstrably reasonable, justified by a legitimate aim, and proportionate to the objective pursued.

Advocate Anant Rao LawRato