LIJDLR

Right to Privacy

CYBER SECURITY LAWS AND ROLE OF JUDICIARY IN PROTECTING PRIVACY RIGHTS IN INDIA

Volume IV Issue I /

CYBER SECURITY LAWS AND ROLE OF JUDICIARY IN PROTECTING PRIVACY RIGHTS IN INDIA Arpit Tripathi, LLM student at DSNLU Visakhapatnam (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.15 The rapid digitisation of India’s socio-economic framework has intensified concerns regarding cybersecurity and the protection of privacy rights. Recognised as a fundamental right under Article 21 of the Constitution, the right to privacy attained definitive constitutional status through the Supreme Court’s landmark decision in Justice K.S. Puttaswamy (Retd.) v. Union of India (2017). This judgment not only affirmed privacy as intrinsic to human dignity and personal liberty but also established the principles of legality, necessity, and proportionality to assess state intrusion. India’s cybersecurity regime is primarily governed by the Information Technology Act, 2000, and strengthened by the Digital Personal Data Protection Act, 2023. While the IT Act addresses cyber offences such as hacking, identity theft, and unauthorised access, the DPDP Act introduces a structured framework regulating data collection, processing, storage, and consent-based governance. Together, these statutes seek to ensure accountability of data fiduciaries and enhance digital security. The judiciary continues to play a pivotal role in balancing individual privacy with competing state interests, including national security and public order. Through constitutional interpretation and judicial review, courts have imposed procedural safeguards on surveillance mechanisms and reinforced limitations on arbitrary state action. This paper critically examines the evolving interplay between legislative measures and judicial oversight in shaping India’s digital privacy landscape, highlighting the need for robust enforcement and rights-oriented governance in the era of expanding digital infrastructure.

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RIGHT TO PRIVACY, A FUNDAMENTAL RIGHT: A CASE STUDY ON JUSTICE K. S. PUTTASWAMY (RETD.) & ANR. V. UNION OF INDIA & ORS., 2017

Volume III Issue IV /

RIGHT TO PRIVACY, A FUNDAMENTAL RIGHT: A CASE STUDY ON JUSTICE K. S. PUTTASWAMY (RETD.) & ANR. V. UNION OF INDIA & ORS., 2017 Fannana Mazumder, Student, LLM, 1st semester, IILM University, Greater Noida (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.203 Right to privacy is a complicated concept that has evolved over time and was affected by various factors. It is a multifaceted aspect which differs from person to person that seems to be easy but difficult to define. Right to privacy, in layman’s words, can be defined as the impalpable as well as physical right of any person to live freely from others’ interference or intrusion. The idea of privacy is a vague one having an intricate value. Right to privacy can also be defined as one’s freedom of choice.  The Right to Privacy is a fundamental aspect of human liberty and dignity. In India, right to privacy was recognized as a fundamental right under Article 21 of the Indian Constitution by the Supreme Court in the case of Justice K. S. Puttaswamy (Retd.) & anr. v. Union of India & ors., 2017. This case was a historic judgement that unanimously recognized Right to Privacy as a fundamental right. The historic judgement was delivered by a nine-judge bench of the Supreme Court of India in the year 2017. The case originally arose when Justice K. S. Puttaswamy, a retired judge of the Karnataka High Court via writ petition moved to Supreme Court challenging the constitutionality of the Aadhar Scheme on the grounds that it violated the citizens’ right to privacy. The primary issue in this case was that whether the right to privacy was an intrinsic part of right to life and personal liberty guaranteed under Article 21 of the Indian Constitution and a part of the freedoms guaranteed under Part III of the Constitution.  The Supreme Court of India in its nine-judge bench unanimously delivered judgement, recognized right to privacy as a fundamental right and an intrinsic part of right to life and personal liberty guaranteed under Article 21 of the Constitution of India. It was also held that right to privacy is also a part of the freedoms guaranteed under Part III of the Constitution. The Court overruled the earlier judgments in the cases of M. P. Sharma v. Satish Chandra, 1954 and Kharak Singh v. State of Uttar Pradesh, 1964, where it was held, that right to privacy was not a fundamental right. This case emphasized that any infringement on the right to privacy must satisfy the conditions of legality, necessity and proportionality. The judgement also emphasized that privacy extends to all spheres of life including individual freedoms, data protection and sexual orientation. This historic judgement laid the groundwork in the case of Navtej Singh Johar v. Union of India, 2018 for decriminalization of homosexuality. This case was a game changer in the context of individual freedom in India marking the beginning of a historic legal battle. 

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MEDIA TRIAL & JUSTICE: A CRITICAL ANALYSIS

Volume III Issue IV /

MEDIA TRIAL & JUSTICE: A CRITICAL ANALYSIS Sholanki Bhowmik, Assistant Professor of Law, Saroj International University, Lucknow (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.184 This study explores the growing phenomenon of media trials in India and its complex relationship with the justice system. Although the media is often celebrated as the “fourth pillar of democracy,” its conduct in high-profile criminal cases has raised difficult questions about fairness, ethics, and the limits of press freedom. Over the years, news reporting has moved beyond its traditional role of informing the public and has, at times, taken the shape of parallel investigations that frame narratives long before courts begin their work. This paper critically examines how such premature conclusions and sensational coverage can influence public opinion, affect the rights of the accused, and indirectly place pressure on judges, lawyers, and investigators. Drawing on doctrinal research, case laws, and statutory developments, the study traces the evolution of Indian media regulations and discusses the tension between the freedom of speech under Article 19(1)(a) and the fundamental right to a fair trial. It also evaluates the impact of media trials on privacy, the presumption of innocence, and the administration of justice through an analysis of landmark cases such as the Jessica Lall trial, the Nirbhaya case, the Aarushi Talwar case, and recent incidents like the Aryan Khan and RG Kar matters. The paper concludes that while media trials can promote accountability and social awareness, unchecked sensationalism poses serious risks to judicial independence. It argues for stronger regulatory mechanisms, ethical guidelines, and public awareness to ensure that media freedom and fair trial rights coexist without undermining each other.

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PREDICTIVE POLICING AND CONSTITUTIONAL MORALITY: AN EVALUATION OF AI-BASED CRIME FORECASTING TECHNOLOGIES IN INDIA

Volume III Issue II /

PREDICTIVE POLICING AND CONSTITUTIONAL MORALITY: AN EVALUATION OF AI-BASED CRIME FORECASTING TECHNOLOGIES IN INDIA KAVIDHARANI R, Presidency University, Bangalore Download Manuscript doi.org/10.70183/lijdlr.2025.v03.75 The integration of Artificial Intelligence (AI) in law enforcement has led to the rise of predictive policing, an emerging technique that uses data analytics and machine learning to forecast potential criminal activity. While such innovations promise to enhance efficiency and prevent crime, they raise critical concerns in a constitutional democracy like India, where the values of liberty, equality, due process, and human dignity form the bedrock of governance. This paper critically evaluates the deployment of AI-driven predictive policing technologies in India through the lens of constitutional morality; a normative framework rooted in the transformative vision of the Indian Constitution. Focusing on initiatives such as CMAPS (Crime Mapping, Analytics and Predictive System), facial recognition, and algorithmic surveillance, the paper explores the socio-legal implications of data-powered policing. It examines how algorithmic bias, lack of transparency, and mass surveillance mechanisms pose risks to privacy, reinforce structural inequalities, and challenge the principles affirmed in landmark judgments such as Justice K.S. Putt swamy v. Union of India. Through doctrinal analysis and comparative insights from global practices, the study highlights the tension between technological advancement and constitutional safeguards. The paper argues that in its current unregulated form, predictive policing risks deepening systemic discrimination and undermining democratic freedoms. It underscores the urgent need for a rights-based AI policy framework, judicial oversight, and algorithmic accountability. By contextualizing predictive policing within the constitutional morality framework, this study seeks to initiate a discourse that prioritizes human dignity and constitutional values over mere technological expediency.

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RIGHT TO PRIVACY – EXPLORE ITS IMPLICATIONS IN THE DIGITAL AGE

Volume II Issue III /

RIGHT TO PRIVACY – EXPLORE ITS IMPLICATIONS IN THE DIGITAL AGE Spriha Bisht, Student at Christ Deemed To Be University Pune, Lavasa. Download Manuscript doi.org/10.70183/lijdlr.2024.v02.2 The right to privacy is a fundamental human right that has evolved significantly over time in response to changing societal values and technological advancements. This paper aims to investigate the concept and articulation of privacy, trace its historical development through landmark legal cases, and identify the challenges facing privacy in the digital age. The rapid growth in surveillance and data proliferation raises major concerns for individual privacy, necessitating a thorough examination of the current legal frameworks and regulations intended to protect this right. While laws have been enacted in various jurisdictions to control the use of personal data, inconsistencies and inadequacies persist. This research draws from existing literature and case law to highlight the ongoing tension between the right to privacy and society’s demands for security. The paper advocates for reforming legal protections and ethical guidelines that support privacy and applying those guidelines in a manner that not only preserves and protects privacy but also upholds it in light of advancements in state surveillance capabilities. In conclusion, the right to privacy faces significant challenges in the digital age, and there is an urgent need for comprehensive legal reforms and ethical guidelines to safeguard this fundamental human right. Policymakers must strike a balance between individual privacy and societal security, ensuring that privacy is protected without compromising legitimate security concerns. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue III, Page 14-27. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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TELECOMMUNICATION ACT IN CONTRAST WITH FUNDAMENTAL RIGHTS OF THE INDIVIDUALS: A CRITICAL ANALYSIS OF THE ACT

Volume II Issue II /

TELECOMMUNICATION ACT IN CONTRAST WITH FUNDAMENTAL RIGHTS OF THE INDIVIDUALS: A CRITICAL ANALYSIS OF THE ACT Rishita Khare, 5th Year student at Rani Durgavati Vishwavidyalaya, Jabalpur Download Manuscript ABSTRACT The Telecommunications Act of 2023, passed by the Parliament, replaces older telecom laws to simplify the regulatory framework. It consolidates laws related to telecommunication services and networks and is considered to bring significant renovation in the telecom laws. The key provisions include the interception of telecommunications under Section 20(2), biometric user verification under Section 3(7), and extensive powers for suspending telecommunication services under Section 20(2)(b). This allows the introduction of provisions for interception, biometric identification, and internet suspension, raising concerns about privacy rights and arbitrary use of government powers. The concerns also include dilution of procedural safeguards, biometric identification’s impact on anonymity and internet suspension lacking clear guidelines and potentially infringing on freedom of expression. The Act, therefore, requires a thorough review to address these concerns and ensure a balanced approach in line with constitutional mandates. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue II, Page 226-235. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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DEVELOPMENT OF DATA PROTECTION AND PRIVACY LAW IN E-COMMERCE

Volume II Issue I /

DEVELOPMENT OF DATA PROTECTION AND PRIVACY LAW IN E-COMMERCE Stuti Jaiswal, Student at Amity Law School, Amity University Uttar Pradesh, Lucknow Dr. Shova Devi, Asst. Professor, Amity Law School, Amity University Uttar Pradesh, Lucknow Download Manuscript ABSTRACT Words and phrases cannot properly describe the idea of privacy. In fact, the privacy in very essential and an important part of every individual’s life; without which or a sense of ‘space,’ one cannot function effectively. Hence, Privacy is regarded as an essential and valuable aspect of anyone’s existence, whether male, female, etc. As a human being, privacy is extremely important. In this case, the information about the person is obtained or transmitted without his or her knowledge or consent. The right to privacy has its own history. In India, right to privacy was originally accepted and announced as the Essential Right in the landmark case of Justice. K.S. Puttaswammy and another Vs. UOI & others[1], thereby famous judgment in the history of Indian law, wherein the Supreme Court held Privacy right as mentioned to be the fundamental Right impliedly mentioned in the Constitution of India, under Article 14, 19, and 21. Regularizing system of a free and fair computerized economy can give a valuable reference highlight adjusting whether a specific case, a right to privacy over that which is guaranteed exists and would beat any genuine interest of the state would rely upon the translation by courts on how the necessities of a free and fair computerized economy can be safeguarded. Opportunity and decency are the foundations of our sacred system, the explanation raison d’etre of our battle for autonomy. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue I, Page 776-787. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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