Privacy is an inherent part of human personality and inalienable from a human-being. Right to privacy is a right which an individual possesses by birth. The Constitution of India encompasses Right to Privacy under Article 21, which is a requisite of right to life and personal liberty. According to Black’s Law Dictionary “right to be let alone; the right of a person to be free from any unwarranted publicity; the right to live without any unwarranted interference by the public in matters with which the public is not necessarily concerned”.
Fundamental rights are basic rights that every human being is entitled to, and such rights should be present with every citizen of the country along with appropriate remedies. Article 21 of the Constitution of India states that “No person shall be deprived of his life or personal liberty except according to the procedure established by law”. The scope of Article 21 has been widened over the years to interpret that the term ‘life’ includes all aspects of life that make a person’s life meaningful, complete as well as worth living.
Privacy can also extend to other aspects, including bodily integrity, personal autonomy, informational self-determination, protection from state surveillance, dignity, confidentiality, compelled speech and freedom to dissent or move or think. In short, the right to privacy has to be determined on case-by-case basis. Privacy enjoys a robust legal framework internationally. Article 12 of the Universal Declaration of Human Rights, 1948 and Article 17 of the International Covenant on Civil and Political Rights (ICCPR), 1966, legally protect persons against “arbitrary interference” with one’s privacy, family, home, correspondence, honour and reputation.
Some challenges that pose as the greatest threat to the right to privacy in the present times are: Telephone tapping, Data protection in the telecom sector, Real-Time tracking etc.
In K.S. Puttaswamy v. Union of India, The nine-judge bench of the Supreme Court unanimously recognized that the Constitution guaranteed the Right to Privacy as an intrinsic part of the right to life and personal liberty under Article 21. The Court however, overruled M.P. Sharma, and Kharak Singh in so far as the latter did not expressly recognize the right to privacy as a Fundamental Right.
In R. Rajagopal v. State of T.N, popularly known as “Auto Shanker case” the Supreme Court has expressly held the “right to privacy”, or the right to be let alone is guaranteed by Art. 21 of the Constitution. A citizen has a right to safeguard the privacy of his own, his family, marriage, procreation, motherhood, child bearing and education among other matters.
In State of Maharashtra v. Madhulkar Narain, it has been held that the right to privacy’ is available even to a woman of easy virtue and no one can invade her privacy. The Court rejected the argument of the applicant and held him liable for violating her right to privacy under Article 21 of the Constitution.
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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