The rapid digitalisation of contemporary
workplaces has fundamentally altered the temporal structure of labour, often
eroding the boundary between professional obligations and personal life. The
growing expectation of constant digital availability has generated concerns
regarding employee autonomy, privacy, and psychological well-being,
particularly in sectors characterised by remote work and globalised
communication networks. Within the Indian legal framework, however, labour
regulation remains largely silent on the problem of after-hours digital
engagement, creating a normative gap in the protection of workers’ temporal
autonomy.
This article examines whether the emerging concept
of the “Right to Disconnect” can be constitutionally grounded within the
existing framework of the Indian Constitution. Rather than proposing an
entirely new fundamental right, the study argues that the normative foundations
for such protection already exist within the interpretive evolution of Articles
14, 19, and 21. Drawing upon the jurisprudence of dignity, privacy, and
proportionality particularly following the landmark privacy judgment in Justice
K.S. Puttaswamy (Retd.) v. Union of India the article conceptualises
digital disconnection as an aspect of temporal autonomy and informational
self-determination.
The analysis situates the Right to Disconnect at the intersection of
constitutional liberty and labour regulation, demonstrating how unchecked
digital intrusion may undermine dignity, equality, and humane working
conditions. By examining regulatory gaps in Indian labour legislation and
engaging with comparative developments in European jurisdictions, the article
proposes a calibrated constitutional approach that balances legitimate employer
interests with the protection of individual autonomy. It concludes that
constitutional principles can provide a doctrinal foundation for recognising
limits on compelled digital availability while leaving detailed implementation
to legislative and institutional frameworks.