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11 of 21|Foundation of Privacy & DPDPA
reading 20 min•Privacy in India
Article 21
🎯 Learning Objectives
- ▸ Understand the scope of Article 21
- ▸ Analyze judicial interpretation of Article 21
Article 21 Framework
Article 21 of the Indian Constitution guarantees that "No person shall be deprived of his life or personal liberty except according to procedure established by law."
Scope of Article 21
- • Protects life and personal liberty
- • Includes the right to privacy
- • Requires procedure established by law
- • Procedural due process as fair procedure
Article 21 is the most important constitutional provision for privacy rights in India.
💡 Example
In Maneka Gandhi v. Union of India, the Supreme Court held that "personal liberty" under Article 21 includes the right to privacy.
