The Legal Feasibility of a Mandatory Right to Disconnect in India

Abstract

The rapid digitalization of Indian workplaces, accelerated by the COVID-19 pandemic, has eroded traditional boundaries between professional and personal life, creating an urgent need to examine the legal feasibility of a mandatory right to disconnect. This systematic review critically assesses whether such a right can be constitutionally and statutorily integrated into India's legal framework. We synthesized existing scholarship and policy documents to map constitutional foundations under Article 21, analyze judicial interpretations of labor and information technology laws, evaluate comparative international models from France, Germany, Italy, and Spain, and identify unresolved legal ambiguities. The synthesis reveals a fragmented but emerging discourse: a foundational tension exists between constitutional protections for life and dignity and the absence of explicit statutory provisions addressing digital after-hours work. Traditional labor statutes, such as the Factories Act, 1948, and modern codes like the Code on Wages, 2019, are ill-equipped for the fluid nature of remote work. Comparative analyses demonstrate diverse legislative approaches, from mandatory employer obligations to voluntary codes, yet implementation challenges persist, particularly in developing economies. The Indian context presents unique barriers, including weak regulatory enforcement, cultural norms valorizing overwork, and economic dependencies on digital platforms. We conclude that a mandatory right to disconnect is constitutionally plausible but contingent on targeted legislative intervention, robust enforcement mechanisms, and a context-sensitive hybrid approach that balances worker protection with economic realities. Future research must develop tailored legal frameworks integrating constitutional guarantees with modern labor realities.