Right to Privacy: The Torchbearer of Individual Rights

Abstract

From traditional boundaries of morality to the new definition of morality where personal liberty is treated at par with social obligations is what we consider a progressive society. Such a society is a result of transformative constitutionalism. The principles established by the Constitution at the time of its adoption have changed the dimensions from a restrictive connotation to an enlarged one. Indian Constitution is a dynamic one which keeps on adapting to new aspects of society as the need arises. The Constitution has always made sure that the struggle for independence should not go in vain and the people of India should not suffer from executive arbitrariness. This underlying theme has always motivated the law makers to interpret the principles of Constitution with a wide approach. Our judiciary has always tried to keep a balanced approach whenever there has been a conflict between social interest and individual interest. Irrespective of the fact that India is a socialist society rather than individualistic one, our Constitution never made a preference but always a priority.  Social rights and community rights have always been the focus of law-making agencies, but a shift in this trend has been seen in the last decade. With the recognition of Right to privacy by the Supreme Court, the glass ceiling of limited personal liberty has been broken, and the roadmap is created for new avenues of rights. Along with the change in socio-legal dynamics, new rights are emerging on the lines of right to privacy. This right, also referred to as the master of all individual rights, has led to a revolution which has paved way for further discussions and judicial activism. New laws have been framed, and some are still under consideration which will further affirm the never-ending arch of this contemporary right. But the point of consideration is how far these laws can maintain the true spirit of parent rights and not become over-arching. This paper will bring this point of consideration to light and discuss the future prospect of these laws revolving around the Right to Privacy.