NEURO – RIGHTS AND THE INDIAN CONSTITUTION: SAFEGUARDING COGNITIVE LIBERTY IN THE AGE OF BRAIN – SURVEILLANCE
AUTHOR – NIVETHA BASKAR, STUDENT OF POST GRADUATION IN 2 yrs LLM IN TAXTION LAW PURSUING AT SCHOOL OF EXCELLENCE IN LAW, TAMIL NADU DR. AMBEDKAR LAW UNIVERSITY, THARAMANI, CHENNAI
BEST CITATION – NIVETHA BASKAR, NEURO – RIGHTS AND THE INDIAN CONSTITUTION: SAFEGUARDING COGNITIVE LIBERTY IN THE AGE OF BRAIN – SURVEILLANCE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 915-924, APIS – 3920 – 0001 & ISSN – 2583-2344
ABSTARCT
The fast-paced development of neurotechnologies, such as brain-computer interfaces and neural monitoring devices, has posed new socio-legal issues in India. The technologies hold the capability to probe, manipulate, and exploit human mental processes and cognitive functions, and hence, raise pressing questions concerning mental privacy, cognitive liberty, and psychological integrity. This research paper analyses the conceptual and constitutional underpinnings of neuro-rights in India, testing their doctrinal nexus with the fundamental right to privacy under Article 21 of the Constitution. The research also assesses the degree to which current laws in India govern neurotechnology, determines key legal gaps, and considers the ethical and social consequence of brain-reading technologies on autonomy, consent, and freedom of thought. Comparative jurisdiction studies of countries like Chile and the European Union offer lessons for implementing full neuro-rights protections. The doctrinal research approach is employed to contend that Indian constitutional law should be extended to incorporate neuro-rights expressly, complemented by legislative changes and ethical safeguards. The research finds that protection of mental privacy is both legally required and a social responsibility, to the effect that technological development must not undermine human freedom of mind, autonomy, and dignity in today’s digital age.
KEY WORDS: Neuro-Rights, Mental Privacy, Cognitive Liberty, Brain-Computer Interface, Constitutional Law, Fundamental Rights (Article 21), Ethical and Social Implications