RIGHT TO PRIVACY AS FUNDAMENTAL RIGHT: OVERRULING PRECEDENTS AND PROPORTIONALITY DOCTRINE

The conversation about privacy has become central in the twenty-first century, driven by the need for laws that protect data privacy and uphold the civil rights related to personal privacy for all people, irrespective of their sexual identity. Privacy represents an essential aspect of human freedom and self-determination, forming a core part of the basic rights protected under constitutional law. This right applies equally to everyone, without regard to economic status, social class, gender identity, or sexual preference. Privacy plays a crucial role in shaping a person's sense of self, personal integrity and human worth. While privacy is not an absolute right without limitations, any breach of privacy must meet three key criteria: it must be lawful, necessary, and proportionate to protect this important right, with such intrusions requiring legal justification. In this paper, the authors have carefully examined the historical development of privacy through various court decisions, establishing privacy as a fundamental component of Article 21 of the Indian Constitution. The paper focuses primarily on how this right has evolved as a Fundamental right through legal interpretation. Furthermore, the paper recognizes that today's world operates within a driven framework, where not all data should be publicly available. This reality demands specific limitations and safeguards concerning such information, highlighting privacy's critical role in this context. The need to protect informational privacy is especially vital in our technologically advanced twenty-first century landscape.