RIGHT TO PRIVACY

Privacy is an undisputed right of a person who is intimately linked to his or her life. When privacy is mistreated or invaded illegitimately by wrongdoers, it becomes a source of contention. Self-inflicted privacy violations are less effective than those perpetrated by a third party. The revealing of private information by a third party causes victims embarrassment and shame, even if they are unaware of it.

Despite the fact that the proposed subject is largely of national interest, it is subject to a right infringement.

The right to privacy is safeguarded as an important aspect of life and personal liberty guaranteed in Article 21 of the Indian Constitution, based on judicial decisions and decrees.

Article 21 states that “no one shall be deprived of his life or personal liberty unless in accordance with legal procedure.”

So, there is no legal procedure for intruding into a private environment unless it is done for spying or monitoring purposes.

Various laws connected to information technology, intellectual property, cybercrime, and contractual duties provide for the protection of privacy and data includes-

  • Information Technology Act of 2000 (ITA)
  • Indian Penal Code of 1890 (IPC)
  • International Relations Laws
  • CICRA, 2005.

Section 66-A of the IT Act of 2000, as well as Sections 500, 506, and 507 of the Indian Penal Code, 1860, apply. The accused might face a sentence of up to three years in prison and a fine.

 According to Section 77-B of the IT Act of 2000, the offence is cognizable and bailable, while if section 500 of the IPC is used, the offence is non-cognizable, bailable, and compoundable with the Court’s approval.

The United Nations Declaration of Human Rights, the International Covenant on Civil and Political Rights, and numerous other international and regional conventions acknowledge privacy as a fundamental human right. Human dignity, as well as other important values like freedom of association and speech, are based on privacy. It has evolved into one of the most pressing human rights challenges of our day.

The Ministry of Electronics and Information Technology has formed an expert panel to write a data protection law, which will be led by former Supreme Court Judge BN Sri Krishna.

The UIDAI informed the Supreme Court of its decision to form the organisation as part of its arguments in the Right to Privacy case.

Privacy does not prevail in the context of fundamental rights, according to the decisions of Kharak Singh v. State of Uttar Pradesh and M.P.Sharma v. Sathish Chandra which  was overruled by the Supreme Court in a recent privacy ruling.

The Unique Identity Scheme and the right to privacy were discussed in Justice K.S. Puttuswamy (Retd.) & Anr. v. Union of India & Ors. (2015). The court had to decide if such a right is provided by the Constitution. The Indian attorney general contended that privacy is not a basic right guaranteed to Indian residents, but this was overturned, and the right to privacy was included as a fundamental right.

INFERENCE

In this age of technological advancement, privacy has become increasingly crucial, and the Supreme Court’s conclusion that it is a basic right under Article 21 of the Constitution is appropriate in this aspect. The Data Protection Bill will play an important role in safeguarding internet information.

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.

Do follow me on FacebookTwitter  Youtube and Instagram.

The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

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.

We are also running a series Inspirational Women from January 2021 to March 31,2021, featuring around 1000 stories about Indian Women, who changed the world. #choosetochallenge

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