Justice K.S.Puttaswamy(Retd) vs Union Of India on 26 September, 2018
relationship with dignity. In this sense, privacy is a postulate of human dignity itself. Human dignity
has a constitutional value and its significance is acknowledged by the Preamble. Further, by catena
of judgments, human dignity is treated as a fundamental right and as a facet not only of Article 21
but that of right to equality (Article 14) and also part of bouquet of freedoms stipulated in Article 19.
Therefore, privacy as a right is intrinsic of freedom, liberty and dignity. Viewed in this manner, one
can trace positive and negative contents of privacy. The negative content restricts the State from
committing an intrusion upon the life and personal liberty of a citizen. Its positive content imposes
an obligation on the State to take all necessary measures to protect the privacy of the individual.
84) A brief summation of the judgment on privacy would indicate that privacy is treated as
fundamental right. It is predicated on the basis that privacy is a postulate of dignity and the concept
of dignity can be traced to the preamble of the Constitution as well as Article 21 thereof. Further,
privacy is considered as a subset of personal liberty thereby accepting the minority opinion in
Kharak Singh v. State of U.P. & Ors.29 Another significant jurisprudential development of this
judgment is that right to privacy as a fundamental right is not limited to Article 21. On the contrary,
privacy resonates through the entirety of Part III of the Constitution which pertains to fundamental
rights and, in particular, Articles 14, 19 and 21. Privacy is also recognised as a natural right which
inheres in individuals and is, thus, inalienable. In developing the aforesaid concepts, the Court has
been receptive to the principles in international law and international instruments. It is a
recognition of the fact that certain human rights cannot be confined within the bounds of
geographical location of a nation but have universal application. In the process, the Court accepts
the concept of universalisation of human rights, including the right to privacy as a human right and
the good practices in developing and understanding such rights in other countries have been
welcomed. In this hue, it can also be remarked that comparative law has played a very significant
role in shaping the aforesaid judgment on privacy in Indian context, notwithstanding the fact that
such comparative law has only a persuasive value.
29 AIR 1963 SC 1295
85) The whole process of reasoning contained in different opinions of the Honble Judges would,
thus, reflect that the argument that it is difficult to precisely define the common denominator of
privacy, was rejected. While doing so, the Court referred to various approaches in formulating
privacy30. An astute and sagacious analysis of the judgment by the Centre for Internet and Society
brings about the following approaches which contributed to formulating the following right to
privacy:
(a) Classifying privacy on the basis of harms, thereby adopting the approach conceptualised by
Daniel Solove. In his book, Understanding Privacy31, Daniel Solove makes a case for privacy being a
family resemblance concept.
(b) Classifying privacy on the basis of interests: Gary Bostwicks taxonomy of privacy is among the
most prominent amongst the scholarship that sub-areas within the right to privacy protect different
interests or justifications. This taxonomy is adopted in Chelameswar, J.s definition of privacy and
includes the three interests of privacy of repose, privacy of sanctuary and privacy of intimate
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