Right to Privacy

The scope of Article 21 is multi-dimensional under the Indian Constitution. Article 21 incorporates all those perspectives of life which go to create a man’s life important, total and worth living. A really interesting improvement within the Indian Sacred statute is the amplified measurement given to Article 21 by the Supreme Court in post-Maneka period. The Supreme Court has asserted that Article 21 is the heart of the basic Rights. Let us took a look what article 21 states that No person shall be deprived of his life or personal liberty except according to the procedure established by law.

The encroachment upon a person’s right to life and individual freedom against the state. The state here refers to all substances having statutory specialist, just like the Government and Parliament at the Central and State level, nearby authorities, etc. Hence, violation of the correct by private substances isn’t inside its domain. The terms ‘life’ and ‘personal liberty’ envelop a wide variety of rights of the individuals, which are a result of the advancement within the elucidation of Article 21 by the courts over a long time.

CONCEPT

Right to privacy was declared as a citizen’s basic fundamental rights on 24th of August 2017. Before we get into a complete discussion of Right to Privacy first of all we need to know what does the word Privacy mean.

  • According to Black Law Dictionary privacy can be defined as the right to be live alone without any unwarranted interference
  • It includes different rights where one has his individual space, where one is free on any social interaction, where one makes his possess essential choices almost himself, his family and his relationship with others
  • Professor Daniel J. Solove divided the law right to privacy into six comprehensive rights:
  • The right to be let alone

(ii)limited access to the self

  • Secrecy
  • Control over personal information
  • The protection of one’s, individuality, dignity and autonomy
  • Intimacy

Privacy could be an essential human right given for in various universal arrangements and traditions. It is critical for assurance of human respect and is one of the fundamental columns for an equitable country. It supports one’s possessed rights and others rights as well.

The concept of privacy in its wide clear covers a number of prospects like nondisclosure of data, sexual issues, trade insider facts and non-recognition by others

EVOLUTION OF RIGHT TO PRIVACY

We can make a distinction how right to privacy is defined in Ancient India and Modern India. In the early half of 20th century privacy was something that is only attached to property which normally refers that if a person wants to live alone in the house then it generally means the person have its right to privacy but now the evolution of technology and democracy the notion of privacy has been expanded but it was the 4th amendment of American constitutions which actually expanded the horizons of privacy. It basically attached privacy to different notions and freedom of the constitutions. Phone tapping, Facebook hacking and Narco Test are the various factors that violates the right to privacy so in the modern India there is a huge change in the right to privacy.

Earlier Right to privacy was only a statutory right it was not mentioned in the constitution neither the Supreme Court judgement had made it clear that right to privacy is a fundamental right. Privacy was not considered as a principal right was to begin with held by the Supreme Court within the year 1954 by an eight-judge seat in M.P. Sharma v. Satish Chandra case, whereas managing with the control to look and seize records from the Dalmia Group. But in the K.S. Puttaswamy v. Union of India in 2017 and overruled the decisions of M.P. Sharma.After the passing of the later judgment in 2017 it is obvious that right to protection could be a principal right and it’ll not lose its status among the Golden Trinity. As right to privacy is a part of article 21 it automatically becomes a part of basic structure of the constitution. This judgment has at long last put a conclusion to the long historical lawful fight from the past 40-50 years

IMPORTANCE

Restriction on power

Restriction on power means If someone knows about a person, then more power he/she can have over them. Individual information is utilized to settle on vital choices in our lives. Individual information can be utilized to affect our reputation and it tends to be utilized to impact our choices and shape our conduct. It tends to be utilized as an apparatus to practice command over us. Also, in some unacceptable hands, individual information can be utilized to cause us incredible mischief.

Freedom from Social and Political activities.

Privacy ensures our capacity to connect with others and take part in political action. A vital segment of opportunity of political affiliation is the capacity to do as such with protection in the event that one decides. We protect privacy at the polling form due to the worry that neglecting to do so would cool individuals’ democratic their actual heart. Privacy of the affiliations and exercises that pave the way to going to the democratic stall matters too, on the grounds that this is the means by which we shape and examine our political convictions. The careful gaze can disturb and unduly impact these exercises.

Privacy helps in keeping our trust intact.

In all relationships, trust is essential. Breaches of confidentiality are breaches of that trust. In professional relationships such as our relationships with doctors and lawyers, this trust is key to maintaining the believe in the relationship. We should feel confident that the information is safe. Privacy rights also give a person confidence that if the other party breaks that trust, there will be consequences

LANDMARK CASE

There are a plenty of cases on privacy, but none of the case were in favour of considering privacy as a principal right, as it were after the passing of a point of interest case i.e., K.S. Puttaswamy v. Union of India in 2017, right to privacy is given due acknowledgment

Brief facts:

 A resigned Tall Court Judge K.S. Puttaswamy recorded a request in 2012 against the Union of India some time recently a nine-judge seat of the Supreme Court challenging the legality of Aadhaar since it is abusing the proper to security.

Issues:

  1. Whether or not there is any fundamental right of privacy under the Constitution of India?
  • Whether or not the decision made by the Court that there are no such fundamental rights in M.P. Sharma & Ors. Vs. Satish Chandra, DM, Delhi & Ors. And also, in Kharak Singh vs. The State of U.P, is that the correct expression of the constitutional position

It was argued by the petitioner before the bench that Right to Privacy is a Fundamental right and ought to be ensured as right to life with nobility beneath Article 21 of the Structure

Judgement

A nine-judge bench of the Supreme Court of India passed a landmark judgment on 24th August 2017, upholding the fundamental right to privacy under Article 21 of the constitution of India

It is expressed within the judgment that the privacy is to be a fundamentally component of Part III of the Indian Constitution, which lays down the elemental rights of the citizens. The Supreme Court too expressed that the state must carefully balance the person privacy and the authentic aim, at any cost as essential rights cannot be given or taken absent by law, and all laws and acts must stand by the structure.

Decision that has been passed by all nine judges holds:

The choice in M P Sharma vs. Satish Chandra which holds that the proper to security isn’t ensured by the Structure of India stands over-ruled;

The choice in Kharak Singh vs. State of UP to the degree that it holds that the correct to security isn’t ensured by the Constitution too stands over-ruled; (iii) The correct to security is secured as an inherent portion of the proper to life and individual freedom beneath Article 21 of the structure of India and as a portion of the opportunities ensured by Portion III of the Structure.

Conclusion:

 The Supreme Court of India has once  more showed up as the sole defender of the structure making a legitimate system for security assurances in India. The judgment covers all the issues and built up that protection may be a crucial basic right, inborn to human nobility and freedom beneath article 21 of the structure of India. The judgment gives a way for the decriminalization of homosexuality in India in Navtej Singh Johar v. Union of India (2018) and nullifying the provisions of the wrongdoing of Infidelity beneath within the case of Joseph Sparkle v. Union of India (27 September 2018).

AADHAR AND RIGHT TO PRIVACY

The Supreme Court banned the privately owned businesses from utilizing Aadhaar card with the end goal of KYC verification

It is to be perceived that Aadhaar is clearly an ID record. Aadhaar records and confirms the subtleties of each inhabitant Indian, which incorporates segment and biometric information. Moreover, it ought to be observed that Aadhaar isn’t intended to supplant the generally existing recognizable proof records like that of PAN cards, driving permit, identification and so on Yet, is to be utilized as a one-time recognizable proof number and moreover, the monetary foundations, banks and telecom organizations can utilize Aadhaar as a known-your-customer (KYC) confirmation mode and can likewise look after profiles.

At the point when the instance of Aadhaar was tested in the Supreme Court, it was kept up by the court that the public authority doesn’t reserve the privilege to make Aadhaar compulsory. The public authority was allowed to utilize it for some government assistance plans and not all government assistance conspires and further held that the public authority can’t be halted from utilizing Aadhaar for non-government assistance plans. The rundown delivered by the public authority which makes Aadhaar compulsory in explicit schemes (both government assistance and non-government assistance plans) incorporates the accompanying

Iron mineral, limestone and beedi laborers, need Aadhaar to profit family auxiliary.

Individuals who wish to profit government assistance plans under the coordinated branch of cultivation and Janani Suraksha Yojana need required Aadhaar.

Under the service of ladies and youngster advancement, Aadhaar is made compulsory for the ones who wish to benefit preparing under Integrated Child Development Services.

To profit benefits under Grih Kalyan Kendra conspire, Aadhaar is made obligatory.

With the end goal of monetary help under National Women advancement Scheme Aadhaar was made compulsory.

Aadhar Act doesn’t disregard the privilege to protection when an individual consents to share his biometric information.

Supreme Court dismissed apprehension that the Aadhaar scheme violates citizens’ Right to Privacy, saying minimal data was collected in the enrolment process. Aadhaar is used for the digital identification, it not only provides them a nationally recognized identity but also attempts to ensure the delivery of benefits, service and subsidies with the aid of public.

The public authority set forth its perspectives that the collection of personal data under the Aadhaar act would additionally make it helpful for all the citizens

Aadhaar as an enabler for providing deserving section of the society their “right to food, right to livelihood, right to receive pension and other social assistance benefits” by bringing their right to life to “fruition”.

“This necessity of Aadhaar has arisen in order to ensure that such benefits are given to only genuine beneficiaries. The Act aims at efficient, transparent and targeted delivery of subsidies, benefits and services

TECHNOLOGY AS A THREAT TO PRIVACY

Privacy and messaging: bullying

Many people use electronic media to bully a person. It is basically sending their personal or private message using social media and threatening them. But as time has gone on and the Internet itself has evolved. Our society has seen technological advancements that provide significant benefits to us in our daily lives. But some of that same technology also presents serious threats to our privacy. They take our personal information and tries to make money out of it. It might hamper our reputation also

Spreading of personal information

Many companies that we are very familiar with are collecting enormous amounts of data and information about us sometimes without our knowledge. The data incorporates definitely something beyond our names, locations, ages, and where we work or live. It likewise regularly incorporates more touchy data, like our monetary data, passwords, discussions, photographs, recordings and each spot we have been for a while. Information can uncover what houses of worship we join in, what bars we successive, what specialists we see, regardless of whether we own a gun and whether we are at our homes or an extended get-away.

 Telephone tapping

The act of telephone tapping affects the right to privacy of an individual as well as the right to freedom of speech and expression, both are Fundamental Rights under the Constitution. Article 21 of the Constitution, which gives protection to life and liberty, can allow only such legislature-made law which meets the constitutional requirements and applies a procedure which is just, fair and reasonable

INTERNATIONAL INSTRUMENTS

The Widespread Declaration of Human Rights was announced by the United Nations Common Get together on 10 December 1948. The Worldwide Contract on Respectful and Political Rights entered into drive on 23 March 1976. Both of these records recognize human rights that are appropriate over the world.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

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If you would also like to contribute to my website, then do share your articles or poems at adv.aishwaryasandeep@gmail.com

We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.

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Regionalism and Linguism: Important Features in Indian Politics – Part 2 – Aishwarya Sandeep

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