2025, Vol. 7, Issue 5, Part A

Author(s): Rishika Bhardwaj and Archana Aggarwal

Abstract: After being recognised as a Fundamental Right under Article 21 of the Indian Constitution, the Right to Privacy has become an important feature of constitutional law in India. This research looks at the history, current understandings, and problems of privacy rights in India's legal system. This research delves into the evolution of privacy rights in Indian courts by examining seminal cases like Kharak Singh V. State of Uttar Pradesh (1962), Govind V. State of Madhya Pradesh (1975), R. Rajagopal V. State of Tamil Nadu (1994), and Justice K.S. Puttaswamy V. Union of India (2017). Concerns about bulk data collecting, governmental overreach, and individual autonomy are highlighted in the report, which also delves into current threats to privacy, specifically in relation to government surveillance projects like as Aadhaar, Central Monitoring System (CMS), and NATGRID. We take a close look at India's Personal Data privacy Bill (PDPB) to see how well it might handle data security and privacy issues. There is a growing demand for stringent regulatory frameworks, and the study delves into corporate data collecting tactics, Big Tech's involvement in digital privacy breaches, and more. We compare India's privacy regulations to international benchmarks like the EU's General Data Protection Regulation (GDPR) in order to spot loopholes in the current framework. Also explored in the research is the way in which private rights influence the terrain of constitutional interpretation in relation to other basic rights like equality, freedom of expression, and personal liberty. The study highlights the critical need of immediate legislative changes, strong enforcement measures, and increased court supervision to protect individuals' right to privacy in the digital era. The need for a strong privacy framework that safeguards individual rights in accordance with the constitution is growing in light of rising fears of government monitoring, data breaches, and cyberattacks.

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