Right to Privacy: A Promise Lost in Translation

The journey of translating fundamental rights into actionable realities for every citizen remains fraught with challenges. This ongoing struggle, deeply tied to the democratic fabric of the nation, has produced mixed results depending on one's perspective within the system. Yet one undeniable truth persists: laws safeguarding fundamental rights have historically upheld the spirit of the Constitution. Unfortunately, the same cannot be said for the newest fundamental right—the Right to Privacy.

The legal battle culminating in the 2017 Supreme Court judgment was both historic and arduous. Delivered by a unanimous nine-judge bench, this landmark ruling demonstrated rare judicial consensus and clarity. Yet, in the years since, the promise of the Right to Privacy has remained largely unfulfilled. 

While the Justice BN Srikrishna Committee drafted a robust Personal Data Protection Bill in 2018, its transformative potential was squandered as the bill underwent significant changes before reaching Parliament. Entrusted to the Joint Parliamentary Committee, it languished in review, resulting in a watered-down statute passed only in 2023—the Digital Personal Data Protection Act.

By then, India had become a passive observer to the global erosion of privacy. The recently issued Draft Digital Protection Rules (2025) exemplify this decline. Rather than centering user rights, these rules prioritize government accountability mechanisms while undermining individual privacy. 

Provisions granting the government unchecked access to personal data, ostensibly for subsidies or licenses, blatantly violate the constitutional principles of necessity and proportionality laid out in the KS Puttaswamy judgment. Worse, the public consultation process was tokenistic at best, sidelining meaningful citizen participation.

This grim reality raises an unsettling question: what use is a fundamental right if it exists only in legal judgments? Without proper enforcement, genuine public involvement, and a commitment to constitutional safeguards, the Right to Privacy risks being hollowed out—an unfulfilled promise lost amid legislative compromises and executive overreach.