The CCG Privacy High Court Tracker is a resource consisting of decisions on the constitutional right to privacy passed by all High Courts in India. The Privacy High Court Tracker captures cases post the pronouncement of the Justice (Retd.) K.S. Puttaswamy vs. Union of India (Puttaswamy) judgment. In Puttaswamy, the Supreme Court of India reaffirmed the existence of the right to privacy in India’s Constitution as a fundamental right.
The Privacy High Court Tracker is a tool to enable lawyers, judges, policymakers, legislators, civil society organisations, academic and policy researchers and other relevant stakeholders, to engage with, understand and analyse the evolving privacy law and jurisprudence across India. The cases deal with the following aspects of privacy (1) autonomy, (2) bodily integrity, (3) data protection, (4) dignity, (5) informational privacy, (6) phone tapping, (7) press freedom, (8) right to know and access information, and (9) surveillance, search and seizure.
The tracker currently only consists of cases reported on Manupatra, and those reported upto 15 June 2022 (CCG will continue to update the tracker periodically). Only final judgements are included in the tracker, and not interim orders of the High Courts.Show methodology
Autonomy, Bodily Integrity, Dignity
Decision Date - 31.05.2019
Citation - AIR 2019 Utr 138, MANU/UC/0448/2019
Case Type - Writ Petition (Crl.)
Case Status - Disposed. SLP Pending.
Legal Provisions - Criminal Tribes' Act, 1871.
S. 376, 377 and 385 of the Indian Penal Code, 1860
"This Court is of the view that after the judgment of Hon'ble Supreme Court in the NALSA's case, petitioner's right to determine her sex and gender has to be respected and honored. The petitioner has identified herself as a female', therefore, 'she' has to be treated as a female for all the purposes, whatsoever without any further confirmation from any authority."Read more
Right to gender identity is a part of right to privacy.Read more
Bodily Integrity, Dignity
Decision Date - 04.02.2022
Citation - MANU/UC/0036/2022
Case Status - Disposed
Case Type - Writ Petition
Legal Provisions - Article 21 of the Constitution Of India, 1950.
S.3 of the Medical Termination Of Pregnancy Act, 1971.
S.6 of the Protection Of Children From Sexual Offences Act, 2012
"There is a right to termination pregnancy on ground of rape. A rape victim has a right to make a choice to carry. She has also right not to carry pregnancy subject to the conditions as enumerated under the provisions of the Act. Right to life means something more than survival or animal existence. It would include the right to live with human dignity. The father of the minor petitioner has expressed that the petitioner is not in a position to continue the pregnancy and if the petitioner is not permitted to terminate her pregnancy, there is possible grave injury to her physical and mental health."Read more
The right to personal liberty under Article 21 of the Constitution encompasses the right to make reproductive choices. Grave injury to the mental health of the pregnant woman should be taken into consideration while deciding on the petitions for termination of pregnancy.Read more
The Privacy High Court Tracker has been developed using judgements pulled from the Manupatra case law database. Through its search function, CCG identified cases that relied upon the Puttaswamy judgment and were pertaining to the right to privacy, and filtered them by each of the 25 High Courts in India. These were then further examined to identify those cases whose decisions concerned a core aspect of privacy. CCG identified the following aspects of privacy (1) autonomy, (2) bodily integrity, (3) data protection, (4) dignity, (5) informational privacy, (6) phone tapping, (7) press freedom, (8) right to know and access information, and (9) surveillance, search and seizure. Cases where only incidental or passing observations or references were made to Puttaswamy and the right to privacy were not included in the tracker. The selected cases were then compiled into the database per High Court, with several details highlighted for ease of reference. These details consist of case name, decision date, case citation and number, case status, legal provisions involved, and bench strength. The tracker also includes select quotes concerning the right to privacy from each case, to assist users to more easily and quickly grasp the crux of the case.
For ease of access to the text of the judgments, each case on our tracker is linked to the Indian Kanoon version of the judgment (wherever available) or an alternative open-access version of the judgment text.
We welcome your feedback. In addition, you may write to us at - firstname.lastname@example.org with the details of any privacy case we may not have included from any High Court in India.