To read the definition by Oxford "A state in which one is not watched or disturbed by other people," or "the state of being free from public attention." As a result, privacy may also be described as an individual's capacity to be alone and express oneself selectively. A legal framework that gives individuals the legal right to preserve their or their data's privacy is known as the right to privacy. 

No one shall be deprived of his life or personal liberty except in accordance with legal procedures, as stipulated in Article 21 of the Indian Constitution. The term "life" as used in Article 21 encompasses all aspects of life that contribute to making a man's life meaningful, complete, and worthwhile. 

Legislative Takeaway 一

The Supreme Court proclaimed the right to privacy a basic right in the Puttaswamy v. Union of India case in 2017. Article 21 protects the right to privacy as an integral aspect of the right to life and personal liberty, as well as the freedoms provided by Part III of the Constitution. It's also seen as a crucial component of the right to life and liberty. 

This case was popularly known as the “Aadhaar case” in which a 9 judge bench of the supreme court identified the right to privacy as a fundamental right subject to certain reasonable restrictions. It was regarding the constitutionality of biometric data used by the Aadhaar and its relevance. The 9 judge bench declared that right to privacy from now onwards will be considered a part of article 21 of the constitution and disapproved the request for using the Aadhaar numbers for private institutions as it violated the right to privacy. It was previously recognized under the Constitution of India under Article 19(1)(a), 19(2) and Article 21. 

There are several privacy cases, but none of them support privacy as a basic right. It was only after the passage of a landmark judgement, K.S. Puttaswamy v. Union of India in 2017, that the right to privacy was given proper respect. The right to privacy is recognised not just on a national level, but also on an international level through several conventions. The right to privacy is a dynamic notion that is incorporated into many legislations and encompasses a variety of factors. When we study privacy in depth, we will learn about the benefits and drawbacks of this Right to Privacy with some acceptable limitations, where the violation of this right is not regarded as a crime. In this article, we'll look at many aspects of the right to privacy on a national and international level, as well as reasonable constraints, case law, and recent developments, including the most recent bill on the subject.

In India, the right to privacy has evolved during the last 60 years as a result of a succession of judgements. Inconsistency from early judgements has caused a split in view about whether the right to privacy is a basic right throughout the years. Furthermore, constitutional provisions must be evaluated and construed in a way that ensures their compliance with international human rights treaties that India has ratified. Privacy is also a fundamental prerequisite for the meaningful enjoyment of other constitutional freedoms, according to the ruling.

Outline 一

Article 21 stipulates that the right to privacy is an integral part of the right to life and personal liberty. Apart from contract, a right to privacy might derive from a specific connection, which could be economic, marital, or even political. The right to privacy is not unlimited; it is subject to reasonable limitations for the prevention of crime, disorder, or the preservation of one's health or morality, as well as the protection of others' rights and freedoms. When a disagreement arises between two derived rights, the right that promotes public morality and interest wins. 

The right to privacy is the most prized privilege among civilised beings. There is no logical reason why a person should be afforded less protection against a private individual than he would against the government for the unjustified publishing of personal information. It's all part of the quest for happiness. The pursuit of happiness necessitates the state's protection of certain liberties, allowing us to act as we see fit as long as it does not infringe on the rights of others. Liberty is not a measurable or restricted right. It may be seen across the full legal range.

The reality that we are individuals first is sometimes overshadowed by our status as members of a society. For whatever activity, each individual requires his or her own personal space (assuming here that it shall be legal). As a result, the state grants each individual the right to enjoy private moments with people they choose away from the prying eyes of the rest of the world. Privacy is a type of independence that may be viewed as an endeavour to maintain autonomy in at least a few personal and spiritual areas. This autonomy is the most unique feature that a person may possess. There, he is genuinely a free man. This isn't a right against the state; it's a right against the rest of the world. This right will assist preserve the individual's interests if he does not wish to share his opinions with the rest of the world.

Our rights are getting increasingly important as time goes in this day and age. We need security since our lives are being splattered all over the media, whether through social networking sites or spy cameras, so we may operate in the manner we want to and not think about others before our acts. After all, the only person to whom we owe an explanation is ourselves, not the rest of the world. 

Footnotes 一 

1.  https://indiankanoon.org/doc/1199182/   

2.  Justice K.S.Puttaswamy(Retd) vs Union Of India on 26 September, 2018 

3. https://indiankanoon.org/doc/127517806/ 

4.  https://indiankanoon.org/doc/1218090/

5. https://indiankanoon.org/doc/1199182/