Naz Foundation Case expands India’s constitutional privacy rights

Abstract

The protection of privacy under the Indian Constitution, developed through case law by the Supreme Court, has been advanced further by the Delhi High Court’s decision to strike down provisions criminalising homosexual sexual conduct on grounds of invasion of privacy (NazFoundation v Government of NCT of Delhi WP(C) No.7455/2001 (2 July 2009) (‘NazFoundation Case’)). The potential for further expansion of constitutional protection of privacy into the area of data protection is increased.