Author- Aastha Srivastava Babasaheb Bhimrao Ambedkar University ( A Central University), Lucknow
To the point
The term “liberty” as used in the constitutional provisions means something more than mere freedom from physical restraints or the shackles of prison.
“Right to privacy” means “the right to be left alone; a person’s right to be free from any unauthorized publicity; the right to life free from any undue public interference in matters of essential public concern”. The right to privacy comes from English common law which states that “every man’s house is his castle”. “No person shall be deprived of his life or personal liberty except in accordance with law,” states Article 21 of the Indian Constitution. The spirit of law under Article 21 of the Constitution of India refers that the term ‘life’ includes all aspects of life which make one’s life meaningful, complete and worth living. The right to privacy is becoming a burning issue regarding concerns raised against government initiatives to collect personal information from citizens, it is not a fundamental right in the constitution of India, but privacy is now considered a part of personal freedom.
Legal jargon
- Privacy:-
It is the freedom to control information about yourself and how it s shared.
- Liberty:-
Freedom to live and anywhere to go and practice to any profession.
- Fundamental:-
Essential or basic part
- Biometric:-
Biological parameter that can be used for identify individual.
The proof
In India, there have been several cases where people have raised privacy concerns, and the country’s Supreme Court has fairly pronounced judgments challenging any violation of citizens right to privacy. To read details about India and its privacy concerns, candidates can visit the linked article.
Despite the absence of any specific article in the Constitution of India, the Supreme Court of India has extended the scope of Article 21 and confirmed that the right to privacy is also a fundamental right.
Privacy has been a hotly debated topic for some time now it acquired a new meaning after the glorious decision of the Supreme court delivered on 24 August 2017 in the case of Justice K. S. Puttaswamy v. Union of India”, which clarifies the nature of the right to privacy. The concept of privacy is interpreted by different people in countless ways. It has long been discussed and debated in countless jurisdictions around the world and has evolved with the changing needs of society.
Many landmark cases across jurisdictions like Roe, Griswold, Prince Albert, and from the domestic forum, Rajagopal, PUCL cases etc. have been able to contribute and build on this nebulous concept and give it tangible contours. The right to privacy now has many shades and hues, each of which has been developed through the painstaking efforts of the judiciary to ensure that it can be realized by every individual in the world.
Abstract
In any case, Privacy means: “The condition or state of being free from open thinking about interruption or impedance with one’s demonstrations or choices, which means that there are certain data concerning any person who might not wish to reveal Will to anyone. What appears to be essential to security is simply the ability to isolate and protect others from interfering with it in any way. These interruptions can be physical or visual and can take any of a few structures that can range from direct spying or through tools, gadgets. Indian courts have not seen the privilege of protection as a central ideal until today, August 24, 2017, when a 9-judge bench in Justice K.S. Puttaswamy versus Union of India, the 59-year-old court overturned the old choice and included the ideal for security as fundamental directly under Article 21 of the Indian Constitution, growing its views.
Case: Satish Chandra v. MP SharmaAIR 1954 SC 300
In this case the search and seizure provisions of the Code of Criminal Procedure involved consideration of privacy. The issue at hand was petitioner’s right to privacy in light of the warrantless search of his personal space. The Court (8 Judges) in this case looked to the 4th Amendment to the US Constitution. Currently, the Fourth Amendment has been used to determine if there is a right to privacy with respect to search and seizure operations, and it has been found that such a right may exist. However, the ECJ considered whether such an expression could be used in the context of Article 20(3).
Case:- Kharak Singh v. State of UP (AIR 1963 SC 1295)
In this case, the petitioner alleged that the night visit of the police to his home violated his right to move freely in India. Under Article 19 of the Constitution of India. The petitioner also objected to being hidden by the police. The court found that the nocturnal home visits violate the applicant’s right to a decent and free life, but also found that the right to privacy is not a fundamental right, therefore monitoring his movements is not against the constitution.
Case:- R. Rajagopal Vs. State of Tamil Nadu (1995)
Apex Court held that unauthorized publication of a person’s life without his consent violates a person’s right to privacy and thus the right of speech and expression should be used as an obligation not to intrude on a person’s privacy.
Case:- PUCL v Union of India (1996)
(Popularly known as Telephone tapping cases)
The Supreme Court decided unequivocally that individuals have a privacy interest in the content of their telephone communications. Thus, it can be observed through several cases that the right to privacy was recognized, but also given place to its exceptions.
In the second decade of the 21st century, privacy law issues have focused on Aadhaar, a government system that provides residents with a unique identity card after providing biometric data (such as fingerprints and iris scans) and demographic information. Aadhaar sued on privacy grounds and the Supreme Court restricted its use in a September 2013 order allowing Aadhaar to use only the public distribution system and LPG subsidy. But in October 2015, he changed his order and said that Aadhaar can be used for services like the Mahatma Gandhi National Rural Employment Guarantee Act (MNREGA), Pradhan Mantri Jan-Dhan Yojana, pension and preventive schemes, but no one should. to be without service in the absence of Aadhaar.
Case :- Justice K. Puttaswamy v. Union of India (2017)
Decided on 24 August 2017, finally puts to rest all questions and doubts about the nature of the right to privacy. A panel of 9 judges delivered a unanimous verdict and declared the right to privacy a fundamental right. This case is a milestone in the constitutional history of the Indian judicial system and is expected to have far-reaching effects on many aspects of citizens’ lives. The case began in 2015 when a slew of petitions were filed challenging the constitutionality of the Aadhar scheme launched by the government to create a biometric database containing real details of all people in the country. It has been argued that the Aadhar program violates the right to privacy of individuals in terms of obtaining all of their personal information, thus posing a high risk of misuse of the collected information by the government.
Conclusion
The right to privacy is contained in the right to life and liberty guaranteed to the citizens of this country by Article 21. It is the “right to be left alone”. A citizen has, among other things, the right to the protection of his privacy, his family, marriage, procreation, motherhood, childbearing and education. No one may publish anything relating to the above matters — whether true or otherwise, and whether laudatory or critical — without his consent. If he did so, he would violate the person’s right to privacy and be liable in an action for damages. However, the position may be different if one voluntarily plunges into controversy or voluntarily invites or provokes controversy.
In the context of Article 21, an invasion of privacy must be justified on the basis of a law that provides for a procedure that is fair, just and reasonable. The law must also be valid in relation to interference with life and personal liberty under Article 21.
FAQ
- What is the fundamental right to privacy?
The right to privacy is a fundamental right. It is a right that protects the inner sphere of the individual from interference by state and non-state actors and enables individuals to make autonomous life choices.
- Is the right to privacy a basic structure of the constitution?
The right to privacy is protected as an integral part of the right to life and personal liberty under Article 21 and as part of the freedoms guaranteed by Part III of the Constitution.
- What is the right to privacy and surveillance?
The protection of personal data is enshrined in the right to privacy guaranteed by Article 21 of the Constitution of India, which provides for the right to life and personal liberty.
- Which article has the right to privacy?
In India, the right to privacy is a fundamental right protected by Article 21 of the Constitution of India. The most recent affirmation of this right came in a historic 2017 decision by Justice K.S. Puttaswamy (Retd) Vs. Union of India.
- What is the IPC for the right to privacy?
Whoever, without his consent, willfully or knowingly captures, publishes or transmits an image of the private space of any person in circumstances prejudicial to that person’s privacy, shall be punished with imprisonment for a term which may extend to three years or with fine which may extend to two million rupees or with.
Author- Aastha Srivastava Babasaheb Bhimrao Ambedkar University ( A Central University), Lucknow
Plagiarism Test
