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International Journal of Creative and Open Research in Engineering and Management

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Volume 02, Issue 7

Published on: July 2026

EVOLUTION OF RIGHT TO PRIVACY IN INDIA-A HISTORICAL PERSPECTIVE

Dr.K.NEELA PUSHPAM

PG & RESEARCH DEPARTMENT OF HISTORY,

THE STANDARD FIREWORKS RAJARATNAM COLLEGE FOR WOMEN (AUTONOMOUS),SIVAKASI,TAMILNADU

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Abstract

The concept of the Right to Privacy has evolved from a limited common law principle into a constitutionally guaranteed fundamental right in India. Although the Constitution of India does not explicitly mention the right to privacy, its development has been shaped through judicial interpretation, constitutional philosophy, and changing socio-political realities. This paper examines the historical evolution of the right to privacy in India, tracing its roots from ancient Indian traditions that recognized personal dignity and the sanctity of private life to the constitutional debates of the post-independence period. It critically analyzes the landmark judicial decisions that gradually expanded the scope of privacy under Article 21 of the Constitution, beginning with M.P. Sharma v. Satish Chandra (1954) and Kharak Singh v. State of Uttar Pradesh (1962), followed by significant rulings in Gobind v. State of Madhya Pradesh (1975), R. Rajagopal v. State of Tamil Nadu (1994), and People's Union for Civil Liberties v. Union of India (1997). The study culminates in an examination of the historic judgment in Justice K.S. Puttaswamy (Retd.) v. Union of India (2017), in which a nine-judge bench of the Supreme Court unanimously recognized privacy as an intrinsic part of the fundamental rights to life, liberty, dignity, and personal autonomy under Articles 14, 19, and 21.Adopting a historical and doctrinal research methodology, the paper relies on constitutional provisions, judicial precedents, legislative developments, and scholarly literature to analyze the transformation of privacy rights in India. It further explores the contemporary challenges posed by digital governance, surveillance technologies, artificial intelligence, biometric identification systems, and the increasing collection and processing of personal data. The study argues that the recognition of privacy as a fundamental right reflects the dynamic nature of the Indian Constitution and its capacity to respond to technological advancements and evolving democratic values. It concludes that safeguarding privacy is essential for preserving human dignity, individual freedom, and constitutional democracy in the digital era, while emphasizing the need for effective legal frameworks and balanced state regulation to protect citizens' rights without compromising national security and public interest.


KEYWORDS: Right to Privacy, Constitution of India, Article 21, Fundamental Rights, Judicial Activism, Human Dignity, K.S. Puttaswamy Judgment, Constitutional History, Digital Privacy, Personal Liberty.

How to Cite this Paper

PUSHPAM, K. (2026). Evolution of Right to Privacy in India-A Historical Perspective. International Journal of Creative and Open Research in Engineering and Management, <i>02</i>(7), 1-9. https://doi.org/10.55041/ijcope.v2i7.213

PUSHPAM, K.NEELA. "Evolution of Right to Privacy in India-A Historical Perspective." International Journal of Creative and Open Research in Engineering and Management, vol. 02, no. 7, 2026, pp. 1-9. doi:https://doi.org/10.55041/ijcope.v2i7.213.

PUSHPAM, K.NEELA. "Evolution of Right to Privacy in India-A Historical Perspective." International Journal of Creative and Open Research in Engineering and Management 02, no. 7 (2026): 1-9. https://doi.org/https://doi.org/10.55041/ijcope.v2i7.213.

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  • Published on: Jul 25 2026
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