Right to Privacy as a Fundamental Right in India: Evolution, Challenges, and the Impact of Digitalization

The right to privacy has emerged as a cornerstone of individual autonomy and dignity in contemporary India, particularly in the digital age. Historically under-recognized within Indian jurisprudence, this right underwent significant transformation following the landmark Supreme Court judgment in Justice K.S. Puttaswamy (Retd.) v. Union of India (2017), which established privacy as a fundamental right under Article 21 of the Indian Constitution. This paper explores the evolution of privacy as a legal and constitutional principle in India, tracing its development from early judgments such as Kharak Singh v. State of U.P. and Gobind v. State of M.P. to the pivotal Puttaswamy case. It examines the growing challenges posed by digitalization, including data privacy concerns, mass surveillance, and the ethical implications of emerging technologies like facial recognition. Additionally, the paper discusses the interplay between privacy rights and regulatory efforts such as the proposed Personal Data Protection Bill, reflecting on the need for robust frameworks to safeguard individual freedoms while promoting innovation and security. This research underscores the importance of a balanced approach in ensuring that privacy rights keep pace with technological advancements, emphasizing the role of civil society and judicial oversight in shaping India's privacy landscape. As the digital realm expands, this study highlights the ongoing need to reconcile individual rights with collective interests in the pursuit of a free and equitable society.