THE FIRST AMENDMENT AND THE “RIGHT TO MENTAL PRIVACY”: CONSTITUTIONAL PROTECTIONS FOR NEURAL DATA UNDER THE INDIAN CONSTITUTION

AUTHOR – S PAULINE PRIYA, ASSOCIATE PROFESSOR AT ST JOSEPHS COLLEGE OF LAW

BEST CITATION – S PAULINE PRIYA, THE FIRST AMENDMENT AND THE “RIGHT TO MENTAL PRIVACY”: CONSTITUTIONAL PROTECTIONS FOR NEURAL DATA UNDER THE INDIAN CONSTITUTION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (2) OF 2026, PG. 710-716, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The rapid commercialization of brain-computer interface technologies has created an urgent constitutional dilemma, does the Indian Constitution protect the privacy of our thoughts. This article argues that Article 21 of the Constitution, read in conjunction with Article 19(1)(a), implies a robust right to mental privacy—the freedom from warrantless governmental and commercial access to neural data. Drawing on the Supreme Court’s jurisprudence on privacy, dignity, and self-incrimination, this article contends that neural data deserves heightened constitutional protection as the “forum internum” of human consciousness. Part I examines the technological landscape of neurotechnology in India. Part II traces the doctrinal foundations of mental privacy in Indian constitutional law, from Kharak Singh to Puttaswamy. Part III analyzes the Selvi v. State of Karnataka judgment as the foundational case for mental privacy. Part IV examines the inadequacy of the Digital Personal Data Protection Act, 2023 in protecting neural data. Part V proposes a constitutional framework for assessing governmental and commercial access to neural data. The article concludes that India’s constitutional framework must evolve to protect the last private frontier the human mind and recommends both judicial recognition and legislative codification of neurorights.

Keywords: Mental Privacy, Article 21, Neurotechnology, Puttaswamy Judgment, Selvi v. State of Karnataka, Cognitive Liberty, Data Protection