THE EVOLUTION OF THE RIGHT TO PRIVACY

This paper traces the legal and historical journey of the Right to Privacy in India, showing how it evolved from an unmentioned concept into a recognized fundamental right. While ancient Indian texts like the Vedas and the Artha Shastra respected personal space and the privacy of the home, the framers of the modern Indian Constitution intentionally left privacy out of the document, fearing it would hinder police investigations. For over six decades, the Indian Supreme Court maintained a strict stance, repeatedly ruling that privacy was not a basic constitutional right. This paper examines how the judiciary slowly changed its perspective case by case as society modernized, culminating in the landmark 2017 Puttaswamy judgment. In a unanimous ruling, nine judges declared privacy an essential part of the Right to Life under Article 21 and introduced a "triple test" to limit state interference. Finally, the paper discusses current digital challenges, such as large-scale biometric data collection and the exceptions within the new Digital Personal Data Protection Act of 2023. It concludes that protecting a citizen's personal bubble is crucial to preserving individual autonomy and maintaining a healthy democracy.