Digital Human Rights Under the Indian Constitution: Emerging Jurisprudence and Policy Challenges

Pooja Bijjargi

doi:10.36948/ijfmr.2026.v08i01.69665

Digital Human Rights Under the Indian Constitution: Emerging Jurisprudence and Policy Challenges

Author(s)	Ms. Pooja Bijjargi
Country	India
Abstract	The rapid expansion of digital technologies has significantly reshaped the outline of fundamental rights in India. Currently most of the things happen online - like the working of government, trade and social interaction. The old legal safeguards need fresh thinking. Judges now interpret Article 14, 19, and 21 in ways that fit today’s digital world. This paper examines the development of digital human rights under the Indian Constitution, focusing on judicial responses to issues such as privacy, freedom of speech and expression, surveillance, internet shutdowns, and data protection. Landmark rulings, like Justice K.S. Puttaswamy (Retd.) v. Union of India (2017), treated privacy as part of Article 21, while Shreya Singhal v. Union of India (2015) protected freedom of online expression, and Anuradha Bhasin v. Union of India (2020) shows the judiciary’s transformative role in shaping digital rights jurisprudence. Highlighting the conflicts between the state's security interests and the defense of individual liberties, the paper also examines current legislative and policy changes, specifically the Digital Personal Data Protection Act, 2023, and changing frameworks for intermediary responsibility. In evaluating the consequences for equality, dignity, and constitutional accountability, it critically examines the current issues raised by algorithmic governance, artificial intelligence, digital exclusion, and the growing digital gap. The study argues that while the Indian judiciary has adopted a progressive interpretative approach to safeguard digital human rights, regulatory and institutional gaps persist. It concludes by emphasizing the need for a coherent constitutional framework that balances innovation, governance efficiency, and robust protection of human rights in the digital age.
Keywords	Digital Human Rights, Right to Privacy, Freedom of Expression, Data Protection, Constitutional Jurisprudence.
Published In	Volume 8, Issue 1, January-February 2026
Published On	2026-02-27
DOI	https://doi.org/10.36948/ijfmr.2026.v08i01.69665

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Digital Human Rights Under the Indian Constitution: Emerging Jurisprudence and Policy Challenges

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