Article 21 of the Indian constitution has a wide scope as it states that “No person shall be deprived of his life or personal liberty except according to a procedure established by law. “Which means every person has a right to live their life in the way he sees fit in which privacy plays an important role as the person doesn’t have to share every prospect of his life if he doesn’t want to. The first time the topic on Right to privacy is raised in the case of Kharak Singh v. State of Uttar Pradesh.., the supreme court held that regulation 236 of Up police regulation is unconstitutional because it violates the rights provided in Article 21 of the constitution because the right of privacy is a part of the right of protection of life and personal liberty.
As fundamental right privacy has many aspects some may become in the category of fundamental rights some maybe not for example In R.Rajagopl v. State of Tamil Nadu.., the supreme court held that a citizen has the right to protect his privacy and no one can publish anything related to his life without his consent but, if any publication of subject matter is based on public record than the right to privacy is no longer exists and it could become the topic for discussion by press and media among each other. So, we can say the right is not absolute but it is barred by certain exceptions. Similarly in the case of Govind v. State of Madhya Pradesh.., the court held that domiciliary visits authorized in M.P.Police Regulations 855 and 856 were constitutional as they had the force of law.
In the People’s Union for Civil Liberties v. Union of India popularly known as the telephone tapping case, the court held that “telephone conversation is an important facet of a man’s private life”. So, tapping of telephones is seriously considered a breach of Article 21 unless it is permitted under the procedure established by law. So, we can say now that the concept of the right to privacy is a dynamic one as it changes from case to case where the restrictions on this right were placed time to time.
In this modern age, privacy is not limited to personal space but it also includes our biometrics, passwords, accounts, etc., which are needed to be protected. So. In JUSTICE K.S. PUTTASWAMY VS. UNION OF INDIA, popularly known as aadhaar card case, the adhar card scheme was challenged as the government is taking both biometric and demographic data the court held that, the right to privacy limited by a procedure established by law. The invasion of privacy must be through a fair, reasonable, and just procedure. It must meet the three conditions of legality, the existence of a legitimate state aim, and proportionality. Legitimate state aims would come with national security concerns, preventing and investigating crime, and preventing the dissipation of welfare benefits.
Thus, the right to privacy is an essential component of the right to life and personal liberty because nowadays most of our data is online recorded and it must be protected so, now days need of data protection bill is essential so that the right could always remain to us and we can become whatever we wanted.
REFRENCES
Dr.J.N.PANDEY,CONSTITUTION OF INDIA,CENTRAL LAW AGENCY
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