A new book on Indian laws demystifies the ‘right to privacy’ and examines how it has improved lives

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Justice Jasti Chelameswar focused on the distinction between “freedom from intrusion” and “freedom of decision”. He emphasised that a fundamental right need not be expressly stated in the Constitution to exist.

Justice SA Bobde articulated that privacy is the “condition precedent” for the exercise of other rights. Without privacy, can one truly exercise freedom of speech or religion? He argued that privacy belongs to the individual, not the state. Justice Manohar Sapre based the right to privacy on the Preamble’s values of liberty and dignity, stating that these values cannot exist without privacy.

Justice RF Nariman, in a scholarly opinion, followed the history of fundamental rights and explicitly overruled the infamous ADM Jabalpur judgment, correcting a 40-year-old historical wrong.

Justice SK Kaul focused on the age of digital technology, referring to the term “digital footprints”. He recognised the concept of the “right to be forgotten” and warned against the dangers of profiling and big data.

The nine judges unanimously declared: “The right to privacy is protected as an intrinsic part of the right to life and personal liberty under Article 21 and as a part of the freedoms guaranteed by Part III of the Constitution.”

This judgment unequivocally settled the specific legal question and further redefined the framework of fundamental...

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