THE RIGHT TO MENTAL PRIVACY IN THE AGE OF NEUROTECHNOLOGY: IS INDIAN CONSTITUTIONAL LAW READY?

Rapid developments in neurotechnology, including brain-computer interfaces, neural surveillance systems, and cognitive data analytics, challenge conventional understandings of privacy and individual autonomy. This article examines whether Indian constitutional law provides adequate protection against emerging threats to mental privacy. Building upon the Supreme Court's decisions in K.S. Puttaswamy v. Union of India and Selvi v. State of Karnataka, the paper analyses the extent to which Articles 19(1)(a), 20(3), and 21 safeguard cognitive liberty against involuntary extraction, processing, and manipulation of neural information. It argues that while existing privacy jurisprudence provides a strong normative foundation, it remains conceptually inadequate because neural data differs fundamentally from conventional personal information by revealing thoughts before they are externally expressed. Drawing upon comparative constitutional developments, international human rights standards, and emerging neuro-rights scholarship, the article identifies significant doctrinal and legislative gaps, particularly regarding private-sector use of neurotechnology and the absence of statutory regulation. It proposes recognition of mental privacy as a distinct constitutional interest, extension of proportionality analysis to private actors handling neural data, and enactment of a dedicated legislative framework governing neurotechnology. The article concludes that Indian constitutional law possesses the doctrinal foundations necessary to protect cognitive liberty but must evolve proactively to ensure that technological innovation does not erode the fundamental right to think freely.