The 1962 Supreme Court judgment in Kharak Singh v. State of U.P. & Others laid the foundation of the Right to Privacy in India. The case expanded the interpretation of the rights relating to personal liberty and privacy.

Facts of the Case

Kharak Singh was arrested in a dacoity case but was released due to lack of evidence. Even after his release, the U.P. Police opened a history sheet and kept him under strict surveillance. The surveillance included secret picketing near his house, domiciliary visits at night, constant tracking of his movements, and collection of information through police officers and village chowkidars. Feeling that these actions violated his fundamental rights, he filed a petition before the Supreme Court under Article 32 challenging the constitutional validity of Chapter XX of the U.P. Police Regulations.

Main Issue

Whether the surveillance measures prescribed under Regulation 236 of the U.P. Police Regulations violated the fundamental rights guaranteed under the Constitution of India.

Arguments by Kharak Singh

The police regulations violated:
• Article 21 – Right to Life and Personal Liberty.
• Article 19(1)(d) – Freedom of Movement.

Arguments by U.P. Police

The State argued that surveillance was necessary to prevent crime and maintain public safety. The police claimed they were only monitoring suspected offenders in accordance with the U.P. Police Regulations.

Judgment

The Supreme Court struck down the rule allowing night-time domiciliary visits because it violated Article 21 (Personal Liberty). The Court held that entering a person’s house at night without lawful authority seriously interfered with personal liberty and disturbed peaceful life. However, the Court upheld other forms of surveillance such as secret watch and enquiries through police officers and chowkidars.

Conclusion

Kharak Singh partly succeeded. The Supreme Court declared domiciliary visits unconstitutional because they violated personal liberty under Article 21. Although the Court did not fully recognize the Right to Privacy at that time, this judgment laid the foundation for the Right to Privacy in India.

This article has been researched and prepared by Rutuja kudekar, Legal Research Intern at LegalRath.

Join our WhatsApp Groups ( Click Here) and Telegram Channel ( Click Here) and get instant notifications.