Fundamental Rights in the Digital Age: Constitutional Protection of Privacy, Freedom of Speech and Data in India
No Thumbnail Available
Date
2026
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
NLUJAA
Abstract
The conceptualization of privacy in legal and philosophical discourse is often described as an effort to capture a “precious and valuable aspect of one’s personality” that remains famously difficult to define precisely. Etymologically, the term “privacy” is derived from the Latin root privatus, meaning “separated from others” or “deprived of participation in governance”. Historically, this “deprivation” referred to the exclusion from the public sphere of the polis, or political activity, in favour of the oikos, the private sphere of domestic life. In the contemporary constitutional framework of India, the primary objective of Article 21 is to ensure that every individual lives a life characterized by “peace, dignity, and freedom,” with privacy serving as the essential conduit for these values. The right to privacy stands as a fundamental human right, which has undergone substantial evolution in light of shifting societal norms and technological progress. This paper seeks to explore the concept and legal expression of privacy, chart its historical progress via pivotal court decisions, and examining the pressing challenges that confronts in digital era.
Description
Dissertation submitted to National Law University and Judicial Academy, Assam in partial fulfilment for award of the degree of ONE YEAR LL.M. DEGREE PROGRAMME Submitted by: Marufa Aktar UID: SM0225028 nd LL.M. 2 Semester Supervised by: Prof. (Dr.) Himangshu Ranjan Nath Assistant Professor of Law