Right To Privacy: Is It Really a Fundamental Right?

This paper explores whether the right to encrypt personal communications is implicitly protected under the right to privacy, recognized as a fundamental right in India following the K.S. Puttaswamy v. Union of India judgment. In an era of expanding digital surveillance and state-led data policies, the study examines how citizens interpret privacy in practice and whether encryption is viewed as essential to exercising this right. Based on responses from tech-aware participants, the research reveals a clear association between broader understandings of privacy, encompassing control over data and freedom from surveillance and stronger support for recognizing encryption as a constitutional entitlement. Despite this, awareness of encryption's technical function remains limited, and trust in government oversight is divided. These findings highlight an urgent need for public education, legislative clarity, and stronger encryption protections. As digital ecosystems evolve, treating encryption as an enforceable right rather than a regulatory exception may be crucial to sustaining constitutional privacy in the modern Indian context.