Indian Journal of Law and Legal Research Volume V Issue V | ISSN: 2582-8878

FUNDAMENTAL RIGHT TO PRIVACY OF STUDENTS AND

Sourav Sharma, LL.B., Dept. of Law, University of Jammu, UT of J&K

ABSTRACT

In 2017 Supreme Court in Justice K.S. Puttaswamy vs. Union of India declared
that Right to Privacy is a fundamental right and forms part of the Right to Life
under Article 21 of the constitution of India. In the light of this newly emerged
fundamental right, the administrative practice adopted by educational
institutions of publishing academic results online in websites which are openly
accessible by everyone in the society is critically examined.

Present paper addresses the question, "Does publication of Result of students in

After examining the relevant laws, it is concluded that publication of results in

Suggestions have also been made so that the benefits of digital revolution can
be utilized without compromising the privacy of students.

Page: 3857
Indian Journal of Law and Legal Research Volume V Issue V | ISSN: 2582-8878

Introduction

As per the data provided by National Crime Record Bureau (NCRB) 13,089 students died by
suicide in 2021 (the year of its latest report on suicides). This is a 70% increase from 7,696 studenst
who committed suicide in 20111. Such an alarming increase in suicide by students make one
question the cause of the same. One of the several factors responsible for students committing
suicide is failure in examination2. These findings reflect the academic pressure on the students.
This academic pressure is a direct result of high expectations, anxiety to perform well in exams ,
fear of marks , fear of being judged by society and peers on the basis of results etc. Such societal
notions makes the students feel anxious of being judged and stereotyped if they do not perform
well in their examination.

Studies found out that 75% of the suicide were related with failure in exam and and more
educational stress3. In one of the research questionaire respondent revealed that the reason of his
attempted suicide was failure in the exam as well as low confidence to face his family and society
with low education grades. Just because of these factors, he was compelled to commit suicide4.

This academic pressure has gone from bad to worse by online declaration/publication of results
in such a manner in which anyone from the public can easily access the results of others without
his/her consent. Availability of results of students in openly accessible web portals invites
unwanted and unjustifiable intrusion into the private life of students. No doubt the internet has
made it easy for the administration of the colleges and universities to publish the results and make
it available to the student community at large in a timely manner but it has placed the students in
a very vulnerable position as anyone can access their marks card and results.

Present paper discusses the current practise of publishing academic results in openly accessible
websites in a legal perspective. This discussion revolves around the neat question of law, "Does

1
Accidental Deaths & Suicides in India Report 2021: NCRB
2
Ibid.
3
Heeringen, K.V (2002). Understanding Suicidal Behaviour.
4
Spirito & esposito-Dynthers, 2006

Page: 3858
Indian Journal of Law and Legal Research Volume V Issue V | ISSN: 2582-8878

publication of result of students5 in openly accessible websites violates his/her Fundamental Right
to Privacy?"

This question has been answered in the light of the Right of society to know information of
individuals and the Right of individuals against the unwarranted intrusion of public into the private
sphere of their lives.

RIGHT TO PRIVACY

Origin and Development

Various philosophers at different times have spoken about the concept of Privacy.

The Greek philosopher Aristotle spoke of a division between the public sphere of political affairs
(which he termed the polis) and the personal sphere of human life (termed oikos). This dichotomy
may provide an early recognition of “a confúidential zone on behalf of the citizen6. Aristotle’s
distinction between the public and private realms can be regarded as providing a basis for
restricting governmental authority to activities falling within the public realm. On the other hand,
activities in the private realm are more appropriately reserved for “private reflection, familial
relations and self-determination7

John Stuart Mill in his essay, ‘On Liberty’ (1859) gave expression to the need to preserve a zone
within which the liberty of the citizen would be free from the authority of the state. According to
Mill :“The only part of the conduct of any one, for which he is amenable to society, is that which
concerns others. In the part which merely concerns himself, his independence is, of right, absolute.
Over himself, over his own body and mind, the individual is sovereign.8

Important Contribution in the legal sphere was made by an article published on 15 December 1890
in the Harvard Law Review, by Samuel D Warren and Louis Brandeis.

5
Through out the paper result means the Academic Result of students in educational institutions.
6
Michael C. James, “A Comparative Analysis of the Right to Privacy in the United States, Canada and Europe”,
Connecticut Journal of International Law (Spring 2014), Vol. 29, Issue 2, at page 261
7
Ibid, at page 262
8
John Stuart Mill, On Liberty, Batoche Books (1859), at page 13.

Page: 3859
Indian Journal of Law and Legal Research Volume V Issue V | ISSN: 2582-8878

In their seminal article, Warren and Brandeis observed that:

“The principle which protects personal writings and all other personal productions, not against
theft and physical appropriation,but against publication in any form, is in reality not the principle
of private property, but that of an inviolate personality.”9 S. Warren and L. Brandeis stated that
technological progress, i.e. the invention of many “mechanical devices,” had created more
opportunities for interfering in the private life of individuals. The press were driven to capture the
attention of their target readers, and these new technologies were used to obtain “sensational”
infor-mation. They did not even think of the need for permission. Such actions on the part of the
press thus resulted in their subjects’ “mental pain and distress, far greater than could be inflicted
by mere bodily injury.”10

The authors laid the foundations of the right to privacy by redefining protection of self and
property. They regarded the right to enjoy life as an element of the right to life.11 As stated by S.
Warren and L. Brandeis, the last stage in the development of human spiritual protection was
formulating the right to privacy. The issue of privacy embraced “the sacred precincts of private
and domestic life” and comprised the following components: likeness;12 domestic circle;13
domestic occurrence14; retreat from the world;15 solitude;16 robustness of thought and delicacy of
feeling;17 and peace of mind.18

These observations are more than true today in a world dominated by internet and technology
which have necessitated the expansion in the connotation and ambit of privacy.

Right to Privacy in Indian Context.

The Constitution of India doesn't have any express provision which provides for the Right to

9
Warren and Brandeis, “The Right to Privacy”, Harvard Law Review (1890), Vol.4, No. 5, at page 205.
10
S. Warren, L. Brandeis, op. cit., p. 194-195.
11
Ibid
12
Ibid. Page 195
13
Ibid page 197
14
Ibid page 201
15
Ibid page 197
16
Ibid
17
Ibid
18
Ibid page 200

Page: 3860
Indian Journal of Law and Legal Research Volume V Issue V | ISSN: 2582-8878

Privacy. Before the passing of the landmark judgment in case titled Justice K.S. Puttaswamy
(Retd.) & Anr. vs. Union of India & Ors. in 2017 Right to Privacy was neither considered as a
fundamental right not a constitutional right. It was only after the passing of the said judgment in
2017 that it was recognised as a fundamental right forming part of Right to Life and Personal
Liberty enshrined in Article 21 of the Constitution of India.

After referring to various authorities their lordships in their conclusion laid down that, "Privacy is
a constitutionally protected right which emerges primarily from the guarantee of life and personal
liberty in Article 21 of the Constitution. Elements of privacy also arise in varying contexts from
the other facets of freedom and dignity recognised and guaranteed by the fundamental rights
contained in Part III19.

While discussing the essential nature of privacy their lordships observed, "What, then, does
privacy postulate…………Privacy protects the individual from the searching glare of publicity in
matters which are personal to his or her life. Privacy attaches to the person and not to the place
where it is associated….. Individual dignity and privacy are inextricably linked in a pattern woven
out of a thread of diversity into the fabric of a plural culture".20

Various Aspects of Privacy

Right to Privacy and Medical Records

Justice Madala delivered the majority judgment on the basis of the value of privacy and
confidentiality in medical information and held that: “Private and confidential medical information
contains highly sensitive and personal information about individuals. The personal and intimate

nature of an individual’s health information, unlike other forms of documentation, reflects delicate
decisions and choices relating to issues pertaining to bodily and psychological integrity and
personal autonomy… Individuals value the privacy of confidential medical information because
of the vast number of people who could have access to the information and the potential harmful

19
https://main.sci.gov.in/supremecourt/2012/35071/35071_2012_Judgement_24-Aug-2017.pdf para 3(C)page 262
20
Ibid page para 168, page 242.

Page: 3861
Indian Journal of Law and Legal Research Volume V Issue V | ISSN: 2582-8878

effects that may result from disclosure. The lack of respect for private medical information and its
subsequent disclosure may result in fear jeopardizing an individual’s

right to make certain fundamental choices that he/she has a right to make. There is therefore a
strong privacy interest in maintaining confidentiality.”21

Right to be forgotten

The 'Right to be forgotten' gives the right to individuals to have their private information removed
from the internet, websites or any other public platforms under special circumstances. The 'Right
to be forgotten' is also called the 'Right to erasure'. 'Right to be forgotten' was first established by
the European Union in May 2014. In India, currently there is no law that specifically provides the
'Right to be forgotten'. However, a bill is already pending before the parliament.22

In the case of Kharak Singh v. State of UP. Court held that Right to Life includes personal liberty
and thus, Right to privacy culled from Article 21 of the Indian constitution.23

In the landmark case of K.S. Puttaswamy v. Union of India16, the Supreme Court recognized the
'Right to be forgotten' as part of the Right to life under Article 21.24

Right to privacy and publication of results online

Cases discussed above shows that the Right to Privacy has been invoked and rightly applied to
protect the personal information of individuals in various factual situations from unwarranted and
unjustifiable intrusion of third persons.

Educational details like marks card and result are also personal and private information of
students25 and therefore such information is equally entitled to be protected under the Fundamental
Right to Privacy.

21
2007 (5) SA 250 (CC)
22
MANU/SC/0085/1962
23
Ibid
24
Ibid
25
Paragraph 59 https://www.sci.gov.in/pdf/JUD_3.pdf

Page: 3862
Indian Journal of Law and Legal Research Volume V Issue V | ISSN: 2582-8878

Right to life is not an absolute right as is evident from the wording of the article itself26. Right to
Privacy which is a part of the Right to Life can be denied only in accordance with the procedure
as established by the law. Though there is no direct legislation in place as of now which directly
deals with the Privacy, Section 8(1)(j) of the Right to Information Act, 2005 provides for the
situations in which privacy of an individual is protected against other people's right to know and
when others are given the right to know personal information of a perosn. These are discussed
below.

Right to Information Act, 2005

Right to Information Act, 2005 gives citizens the right to information subject to the exemptions
provided in the act itself. Citizens have the right to seek any information unless the information
sought falls in any one or more of the situations enumerated in section 8 of the Act.

For the purposes of present paper section 8(1)(j) is relevant which is as follow:

Section 8(1)(j) "information which relates to personal information the disclosure of which has no
relationship to any public activity or interest, or which would cause unwarranted invasion of the
privacy of the individual unless the Central Public Information Officer or the State Public
Information Officer or the appellate authority, as the case may be, is satisfied that the larger public
interest justifies the disclosure of such information:

Provided that the information which cannot be denied to the Parliament or a State Legislature shall
not be denied to any person."

In Central Public Information Officer versus Subhash Chandra Agarwal27 the court after referring
to several judgments on point observed , " ….in our opinion, would indicate that personal records,
including name, address, physical, mental and psychological status, marks obtained, grades and
answer sheets, are all treated as personal information……Such personal information is entitled to

26
Article 21, Indian Constitution,"No person shall be deprived of his life or personal liberty except according to
procedure established by law"
27
https://www.sci.gov.in/pdf/JUD_3.pdf

Page: 3863
Indian Journal of Law and Legal Research Volume V Issue V | ISSN: 2582-8878

protection from unwarranted invasion of privacy and conditional access is available when
stipulation of larger public interest is satisfied. This list is indicative and not exhaustive"28

The above paragraph was cited with approval in Gujarat University versus M Sridhar Acharyulu29

Section 8(1) (j) harmonizes two conflicting rights i.e. Right to information and Right to Privacy.

Personal information with respect to an individual's educational details are protected by RTI Act
and such information can't be disclosed until and unless some public interest is involved.
Therefore it is only when the condition stipulated in the section 8(1)(j) of the RTI Act, 2005 is
satisfied that Personal Information of one person can be given to another and when no public
interest is involved the personal information of a person cannot be disclosed to another.

CONCLUSION

Above discussion on Right to Information and Right to Privacy reveals that the right to privacy
has been recognised as a fundamental right, that students being citizens have the fundamental right
to privacy in every aspect of their educational life including publication of their results, that marks
card and result form part of the Personal Information of students and the same can be disclosed to
third person only after compliance with the section 8(1)(j) of the Right to Information Act which
lays down the procedure established by the law as per which right to life of which right to privacy
is a part can be denied. .

The current practice of publishing results in websites in such a manner that it is openly accessible
to all sans legal validation because:-

the above-mentioned manner of publishing results makes the personal information of the
students freely accessible to others in violation of the section 8(1)(j) of RTI Act as there is
no application filed by any citizen to seek such information and consequently no scrutiny
to the existence of the essential element of Public Interest as is mentioned in the section.

28
Paragraph 59 https://www.sci.gov.in/pdf/JUD_3.pdf
29
https://www.livelaw.in/pdf_upload/gujarat-university-vs-m-sridhar-acharyulu-madabhushi-sridhar-3-others-
gujarat-high-court-466352.pdf paragraph 13

Page: 3864
Indian Journal of Law and Legal Research Volume V Issue V | ISSN: 2582-8878

This section lays down the procedure established by law as per which the Fundamental
Right to Privacy can be denied.

Thus the present day practice of publishing results in websites which are openly freely accessible
by everyone without any restriction violates the Fundamental Right to Privacy of students.

Suggestions:

No doubt that the internet has made the work of administration very effective and the benefits of
digital revolution shall be utilized but without compromising with the privacy rights of students.

In the present situation the results may be published on online platforms but not in such a manner
that it is freely accessible to third persons. Such mechanism shall be developed which allows only
the interested persons to access the result details in the websites. Such mechanism may include
verification of student by OTP or answering few pre-determined questions which makes sure that
the right person is accessing the result details.

Concerned Authorities such as UGC, CBSE, State Boards etc. which control and regulate
educational institutions shall pass adequate regulations/guidelines providing the manner of
publication/declaration of results online which do not compromise the privacy rights of students.

Page: 3865