Author: Anushree Upadhyay, Babu Banarasi Das University
To The Point
The Right to Privacy is a important part of article 21 of Indian Constitution, which states the Right to Life and Personal liberty of each individual. Supreme Court held that the Privacy plays a vital role in human life’s and for human dignity because of this the personal choice of an individual is protected.
In this Digital Era the importance of privacy is increasing day by day because the government sometime interferes in the personal lives of individuals without any justification and put them into complete surveillance and also technology plays a vital role in violation of privacy.
Abstract
The Right to Privacy is nearly connected with Article 21 of Indian Constitution, which directly protects the right to life and personal liberty of an individual.
The Constitution has not clearly mentioned the word (Privacy)but the court explained its meaning and importance through various judgements. It also explains why privacy became important in today’s digital era, Privacy gives independence to a person because without this freedom is incomplete. As time passed court has widen the meaning of privacy which is the main factor to talk about.
This article seeks to provide a concise legal understanding of the right to privacy for academic and practical purposes.
Use of Legal Jagron
Here the basic legal terms have been used to make this article clearly and easily understandable. It explains the terms like Fundamental Right, Article 21, Judicial Interpretation, Surveillance, Human Dignity, Government Interference and most importantly Constitutional Right. These legal terms and expressions make the subject of an article precise and professional.
The Proof
In modern world where technology is driven by upgraded digitalization which throws challenges to the Right to Privacy. As we all know that our smartphones, laptops and other digital equipments are now new wardrobe of collecting our past memories and future actions, We accept that it is great way to collect our data at one place without any hustle but it also has a lot of demerits too, these data can be collected for the misuse of an individual also which raises serious concern about surveillance and potential violation of privacy.
It is not easy to balance the Right to Privacy, Public Interest and National Security altogether but some situations may require lawful and legal surveillance to protect citizens and their privacy. While the supreme court of India has considered Right to Privacy as a Fundamental Right but still legal system faces gaps to solve the problem regarding the Right to Privacy because existing laws cannot exactly address the digital privacy and data protection which raises threats. So for protecting rights in digital era needs continuous evaluation in the law , and awareness between citizens should be implanted, so that the personal liberty of an individual is not compromised.
Case Laws
Justice K.S. Puttaswamy v. Union of India (2017)
Government started aadhaar system in which each individual has to give their fingerprints and iris scan which is called biometric data after all this, it was challenged by few people that it is the violation of their privacy because government is asking for their personal information.
In this supreme court presented their judgement that privacy is a part of fundamental right and Government cannot use personal information of any individual without any relevant reason and it is given under comes under article 21 which talks about Right to Privacy.
Kharak Singh v. State of UP (1962)
Up Police notified people for house visits and surveillance through which anti-social activities can be monitored but it was challenged by people that it is the violation of Right to Privacy of each and every individual.
In this case Supreme Court ordered that concept of privacy exists here but at that time it was not fully recognized as fundamental right, Still Court highlighted that state should follow the limits and should not interfere in the personal life of an individual. This case became the foundation in the case of K.S. Puttuswamy v. Union of India.
Naz Foundation v. Government of NCT Delhi (2009)
In this case it states that section 377 of Indian penal code depicts the same-sex consensual relationship as a criminal offense in court of law, which was challenged by Naz Foundation it is a violation of right to privacy and right to liberty because every individual should right to present their personal choice.
In this Supreme Court orders that Sexual orientation and sexual consent or intimation is also a part of privacy. And few provisions of section 377 should not be applied because it violates the dignity and privacy of a human being which widen the scope of Right to Privacy. Supreme Court also said that using someone personal data is not only the violation of Right to Privacy but stopping someone to give their free consent on their choices is also a major part of violation Right to Privacy in the court of law.
Conclusion
Overall Right to Privacy is now well-structured part of Fundamental Right in India which is recognized by Supreme Court through landmark judgements.
It protects the individual privacy, choices, right to life, liberty and dignity. This right ensures that no one’s right is violated. In today’s digital era a person’s privacy faces a lots of obstacles which can be only solved through the upgraded laws of Supreme Court and protecting privacy is more important than ever, citizens should be aware specially the government should ensure that each and every person’s privacy is respected and the interference is lawful and legal because Right to Privacy is not just a legal word but a reflection of citizen’s dignity and freedom.
At the end a society who respects privacy is a society that respects human dignity.
FAQS
Q1: What is Right to Privacy?
A: Right to privacy is a Fundamental right under article 21, which talks about the individuals right to life and right to privacy and dignity, and how to protect personal decisions and free consent.
Q2: How does Privacy was Recognized under article 21?
A: In case of K.S. Puttuswamy v. Union of India declares that Right to Life and Right to Privacy comes under article 21 and it is Fundamental Right.
Q3: What can be the example of Privacy?
A: Example can be personal data, biometric data, sexual consent, medical records and intimate choices.
Q4: What are the case laws to protect privacy?
A: K.S. Puttuswamy v. Union of India – Fundamental right declared
Kharak singh(1962) – Personal privacy and personal recognisation.
Naz Foundation – privacy included sexual orientation and personal
Choices.
