About the Seminar

Evolution of the Right to Privacy in India

It is well known that the framers of the Indian Constitution allowed for the definition of Article 21, right to life and liberty, to remain amorphous permitting its liberal interpretation. The Supreme Court has thus been able to champion the cause of fundamental rights by constantly reshaping the contours of this Article in the ultimate interest of the people of India.

On August 24th 2017, a historic nine-judge bench of the Supreme Court, unanimously and unequivocally, held that the Right to Privacy is a fundamental right. The 547-page judgement in Justice KS Puttaswamy (RETD.) and ANR v Union of India & ors. is akin to a treatise on human rights and a paragon of judicial activism. Through this judgment, they held that “privacy is a core of human dignity” and also enumerated its facets including within its ambit ‘individual autonomy, sexual orientation, and data or informational privacy.” The judgment consciously refrains from an exhaustive enumeration so as to allow its interpretation to remain “resilient, flexible and adaptable.” Hailed by all and sundry as a landmark decision, its implications though are yet to be fully understood.

The National Seminar hosted by the Bangalore Institute of Legal Studies aims to deliberate upon this jurisprudential milestone. It also aims to examine its impact on the daily lives of the people in this country ranging from eating habits, online behaviour, sexual preference and even welfare scheme benefits.

Sub Themes

    1. Case study of Justice KS Puttaswamy (RETD.) and ANR v Union of India & ors.
    2. Analysis of the development of the Right to Privacy in India.
    3. Comparative study of Right to Privacy in India and abroad.
    4. Implication of the Right to Privacy judgement on
      • Data Privacy – Facebook and Whatsapp data sharing.
      • Welfare Schemes – Aadhar being linked to welfare benefits
      • Decriminalization of homosexuality – Section 377 of the IPC
      • Marital rape and Restitution of Conjugal Rights
      • Big data analytics – Both private sector and governmental
      • Sections of Cr.P.C and Evidence Act – Search and Seizure
      • Biometrics and the Right to Privacy
    5. Viability of the Right to Privacy in India. 
    6. Critical analysis of the constitutionality of the Right to Privacy.
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