IN THE HON’BLE SUPREME COURT OF INDIACIVIL ORIGINAL JURISDICTION

WRIT PETITION (CIVIL) NO. {writpetitionnumber} OF {year}

IN THE MATTER OF:{nameofpetitioner},S/o {fathernameofpetitioner}, R/o {addressof_petitioner}…

VERSUS

Union of India,Through Secretary,Ministry of Home Affairs,North Block, New Delhi – 110001…Respondent

MEMO OF PARTIES
{fullmemoof_parties}

SYNOPSIS
That the present writ petition is being filed under Article 32 of the Constitution of India seeking the enforcement
of the fundamental right to privacy, as recognized by the Hon’ble Supreme Court in the landmark judgment of
K.S. Puttaswamy (Retd.) & Anr. v. Union of India & Ors., (2017) 10 SCC 1. That the right to privacy has been
unequivocally declared as a fundamental right, forming an intrinsic part of the right to life and personal liberty
under Article 21 of the Constitution of India. That the petitioner is aggrieved by the actions/omissions of the
respondent which infringe upon the petitioner’s right to privacy, and seeks appropriate directions from this
Hon’ble Court to safeguard and enforce this right.

LIST OF DATES
{listofdates}

STATEMENT OF JURISDICTION
That the petitioner invokes the jurisdiction of this Hon’ble Court under Article 32 of the Constitution of India, as
the issues raised pertain to the enforcement of fundamental rights guaranteed under Part III of the Constitution,
specifically the right to privacy under Article 21, as recognized in K.S. Puttaswamy (Retd.) & Anr. v. Union of
India & Ors., (2017) 10 SCC 1. This Hon’ble Court has the power to issue appropriate writs, orders, or
directions for the enforcement of such rights.

STATEMENT OF FACTS
That the petitioner is a law-abiding citizen of India, residing at {addressof_petitioner}, and is entitled to the
protection of fundamental rights guaranteed under the Constitution of India.
That the Hon’ble Supreme Court in K.S. Puttaswamy (Retd.) & Anr. v. Union of India & Ors., (2017) 10 SCC
1, has declared the right to privacy as a fundamental right under Article 21 of the Constitution.
That despite the above, the respondent has undertaken certain actions/omissions which have resulted in the
unauthorized collection, storage, and dissemination of the petitioner’s personal data, thereby infringing upon the
petitioner’s right to privacy.
That the petitioner has not been provided with adequate safeguards or remedies to prevent the misuse of
personal information, nor has the respondent established a legal framework to regulate the same.
That the petitioner has made several representations to the respondent authorities seeking redressal, but no
effective action has been taken to protect the petitioner’s right to privacy.
That the impugned actions/omissions of the respondent are arbitrary, unreasonable, and violative of the
petitioner’s fundamental rights, necessitating the intervention of this Hon’ble Court.
STATEMENT OF ISSUES
Whether the right to privacy is a fundamental right under Article 21 of the Constitution of India, as recognized
in K.S. Puttaswamy (Retd.) & Anr. v. Union of India & Ors., (2017) 10 SCC 1?
Whether the actions/omissions of the respondent in collecting, storing, and disseminating the petitioner’s
personal data without adequate safeguards violate the petitioner’s fundamental right to privacy?
Whether the respondent is under a constitutional obligation to put in place a legal framework and safeguards to
protect the right to privacy of citizens?
Whether the petitioner is entitled to the issuance of appropriate writs, orders, or directions for the enforcement
of the right to privacy?
GROUNDS
Because the Hon’ble Supreme Court in K.S. Puttaswamy (Retd.) & Anr. v. Union of India & Ors., (2017) 10
SCC 1, has categorically held that the right to privacy is a fundamental right, protected under Article 21 of the
Constitution of India.

Because any action of the State or its instrumentalities that infringes upon the right to privacy must satisfy the
tests of legality, necessity, and proportionality, as laid down in the aforesaid judgment.

Because the impugned actions/omissions of the respondent are arbitrary, unreasonable, and violative of the
petitioner’s fundamental right to privacy, and are not backed by any law, nor do they serve a legitimate State
interest.

Because the right to privacy encompasses the protection of personal data, autonomy over personal choices, and
the right to be left alone, all of which have been recognized as essential facets of the right to life and personal
liberty.

Because the respondent has failed to put in place adequate safeguards to prevent the unauthorized collection,
storage, and dissemination of personal information, thereby exposing the petitioner to the risk of misuse and
violation of privacy.

Because the right to privacy is not an absolute right, but any restriction thereon must be reasonable, just, and
fair, and must be in accordance with the procedure established by law, which is absent in the present case.

Because the Hon’ble Supreme Court in Justice K.S. Puttaswamy (Retd.) & Anr. v. Union of India & Ors.
(supra) has held that informational privacy is a facet of the right to privacy, and the State is under an obligation
to protect the privacy of individuals in the digital age.

Because the impugned actions/omissions of the respondent have a chilling effect on the exercise of other
fundamental rights, including the freedom of speech and expression, and the right to freely move, reside, and
practice any profession.

Because the right to privacy is essential for the preservation of human dignity, autonomy, and the free
development of personality, and any infringement thereof must be subject to strict constitutional scrutiny.

Because the petitioner has no other efficacious remedy except to approach this Hon’ble Court under Article 32
of the Constitution of India.

PRAYER
In view of the facts and circumstances stated above, it is most respectfully prayed that this Hon’ble Court may
be pleased to:

a) Issue an appropriate writ, order, or direction declaring that the right to privacy is a fundamental right under
Article 21 of the Constitution of India, as held in K.S. Puttaswamy (Retd.) & Anr. v. Union of India & Ors.,
(2017) 10 SCC 1;b) Issue an appropriate writ, order, or direction directing the respondent to cease and desist
from any action that infringes upon the petitioner’s right to privacy;c) Issue an appropriate writ, order, or
direction directing the respondent to put in place adequate safeguards to protect the privacy and personal data of
the petitioner;d) Pass any other order(s) as this Hon’ble Court may deem fit and proper in the facts and
circumstances of the case.

AND FOR THIS ACT OF KINDNESS, THE PETITIONER AS IN DUTY BOUND SHALL EVER PRAY.

Filed by:{advocate_name}Advocate for the PetitionerPlace: {place}Date: {date}