Author: Disha saraf
College: Balaji Law College
Linkedin: Disha Saraaf
Abstract :
The right to privacy is a fundamental aspect of individual liberty and human dignity protected under Article 21 of the constitution of india, which gurantees the right to life and personal liberty. Although the constitution does not explicitly recognize the right to privacy, judicial interpretation has progressively expanded the scope of Article 21 to encompass privacy as an indispensable element of a dignified existence. Alan turing was the british scientist and the great computer genious. He broke the famous german “ENIGMA” code during world war 2. due to this, world war 2 ended sooner , and millions of lives were saved. The Britain won this war. In 1952 britain imposed charged with indecency and homosexuality on Alan turing. due to this charged he fighting depression and he commited suicide on 7 june 1954. Let us start the discussion on right to privacy from this point.
Any state and government has a lot of work, but what do you eat and drink? How much balance do you have in your bank or which region do follow? It should not be the state’s right to know this. Questioning and accountability: if you need some information from the government or want to ask some questions then you use this act Right To Information act (2005) very regulated similarly an individual wants to protect his privacy, to stopped unnecessary intervention then use The right To Privacy.
To the point:
The right to privacy is a fundamental right under Article 21 of the constitution of india, which guarantees the right to life and personal liberty. It means that every individual has the right to keep their personal life, information and decisions free from unnecessary interference by the state or others.
A right is a legal, moral, or social entitlement that allows a person to do something, possess something, or be protected from certain actions by others or the state. The concept of privacy extends across multiple dimensions, including bodily intergrity, informational privacy, and decisional autonomy. In an increasingly digitalized world, where personal data is routinely collected, stored, and processed, the protection of privacy has assumed critical importance. This article analyzes the evolution of the right to privacy in india, its constitutional underpinnigs, significant judicial developments, and the emerging challenges arising from technological advancedments.
Legal definition : according to salmond , a right is “an interest recognized and protected by a rule of law.
Examples of rights : Right to Life, Right to Quality, Right to Freedom of Speech, Right to Privacy.
Use of Legal Jargon :
The Right to Privacy is an intrinsic and inalienable facet of the Right to Life and Personal Liberty guaranteed under Article 21 of the Constitution of India. It encompasses an individual’s autonomy, dignity,bodily integrity, and informational self-determination, protecting them aginst arbitrary or unwarranted intrusion by the state or private entities. The constitutional status of this right was authoritatively affirmed by the supreme court in justice K.S. puttaswamy v. union of india, wherein privacy was recognized as a fundamental right forming part of the basic framework of personal liberty and human dignity.
The Proof :
common In common law, a private action for damages for unlawful invasion of privacy is maintainable.
The printer and publisher of a journal, magazine or book are liable in damages if they publish any matter concerning the private life of the individual without such person’s consent. There are two exceptions to this rule: first , that the public interest exeption- publication is allowed if the matter is of legitimate public interest or and disclosure servers a public purpose. Second, when public records exception- publication is allowed if the information is based on public records, court proceedings, or other matters that are already legally, available to the public.
Privacy includes an individual’s right to control personal information, make personal choices, and live with dignity free from unnecessary interference.
Case laws:
1.M.P. sharma v. satish Chandra (1954)
The case arose from search and seizure operations conducted during an investigation into the affairs of Dalmia jain airways ltd. The petitioners argued that the searches violated their fundamental rights. An eight-judge bench of the supreme court held that the constitution did not expressly guarantee a right to privacy similar to the fourth amendment of the U.S. constitution prohibit illgal search and seizure and provides right to privacy to its citizens. Therefore, the court held refused to recognize privacy as a fundamental right in that context and upheld the validity of search and seizure powers.
2.Kharak Singh v. State of U.P.(1962)
Kharak singh , who had been acquitted in a dacoity case, was subjected to police sueveillance , including secret watch and night-time domiciliary visits under the U.P. police Regulations. He challenged these measures as violations of his fundamental rights. The supreme court struck down the regulation permitting domiciliary visits at night, holding that it violated personal liberty under article 21. The majority held that the constitution did not expressly guarantee a right to privacy. The six-judges of the supreme court held that the domiciliary visits were deemed unconstitutional. Right to movement under article 19 (1) (d) infringes with physical restrictions.
3. PUCL v. Union of India (1997)
PUCL filed a petition challenging the arbitrary telephone tapping powers under section 5(2) of the Indian telegraph act, 1885, arguing that such surveillance violated fundamental rights. Telephpne tapping amounts to a serious invansion of privacy unless carried out according to a valid legal procedure. The court laid down safeguards and guidelines to prevent misuse of telephone interception powers.
4.Justice K.S. Puttaswamy v. Union of India (2017)
The case arose from challenges to the adhar scheme and raised the broader question of whether the constitution of india recognizes a fundamental right to privacy. A nine-judge bench of the supreme court unanimously held that the right to privacy is a fundamental right protected under articles 14,19,21of the constitution. The court declared that privacy is intrinsic to life, personal liberty, dignity and individual autonomy. The court overruled the earlier decisions in M.P. sharma v. satish Chandra and kharak singh of state of U.P. to the extent that they denied a constitutional right to privacy.
5. Vineet kumar case (2019)
A criminal case was filed against the accused alleging serious offences. The accused argued that the complaint was filed with a mala fide intention and was an abuse of the legal process. The Supreme Court held that when criminal proceedings are malicious, vexatious, or instituted with an ulterior motive, the High Court can exercise its inherent powers under Section 482 CrPC to quash such proceedings. The Court quashed the criminal case, finding that it was initiated with mala fide intent.
6. State of Maharashtra & Ors. v. Madhukar Narayan Mardikar (1991)
Madhukar Narayan Mardikar, a police inspector, was accused of attempting to sexually assault a woman named Banubi. During the proceedings, the woman’s credibility was challenged on the ground that she was a woman of “easy virtue. The Supreme Court held that even a woman of easy virtue is entitled to privacy, dignity, and bodily integrity. Her character cannot be a ground to deny her legal protection or disregard her testimony.
Conclusion:
The Right to Privacy has emerged as one of the most significant aspects of the Right to Life and Personal Liberty guaranteed under Article 21 of the Constitution of India. Through a series of judicial decisions, culminating in the landmark judgment of Justice K.S. Puttaswamy v. Union of India (2017), the Supreme Court firmly established privacy as a fundamental right. Privacy safeguards an individual’s dignity, autonomy, and freedom from unwarranted intrusion by the State or private entities. In the digital age, where personal information is constantly collected and processed, the protection of privacy has become increasingly important. Therefore, the Right to Privacy serves as a cornerstone of a democratic society, ensuring that every individual can live with dignity, liberty, and security.
FAQs
Q1. What is the Right to Privacy ?
Q2. Under which article is the Right to Privacy protected?
Q3. Which case recognized the Right to Privacy as a Fundamental Right?
