RIGHT TO PRIVACY: A FUNDAMENTAL RIGHT by ANJU ESTHER BALAKRISHNAN at LEXCLIQ.

Technology has invaded every part of life and sometimes that invasion is done purposely and knowingly and sometimes it happens unknowingly. The saying that even the walls have ears is becoming truer as technology has developed and the world gets to know whatever you do even before you realize that. Privacy can be considered a luxurious item in today’s world

Privacy is defined as a state in which a person is not to be observed to disturb by other people, basically a state of being free from public attention or unwanted interference. However, the right to privacy is something that cannot be conceptualized and has to be understood on the basis of the situations provided.

Article 21 of the Constitution, also known as the heart of the fundamental rights, is considered to be a multidimensional article as the words life, liberty of the article have extended meanings and cannot be defined in a narrow sense. The right to privacy is one such right that comes under the widened dimensions of Article 21. Article 21 states that nobody would be deprived of their life or personal liberty except in accordance with the procedure established by law. The terms life and liberty basically include all the aspects that make a person’s life meaningful complete and worth living. The court is implied that the right to privacy can come under Article 21 of the constitution by interpreting its relationship with Article 12 of the Universal Declaration of Human Rights and Article 17 of the International Covenant of Civil and Political Rights.

The first time that the topic of the right to privacy was raised was the case of Kharak Singh v. State of Uttar Pradesh where the Supreme Court held that Regulation 236 of the UP Police Regulation was unconstitutional as it clashed with Article 21. It was held that the right to privacy is a part of the right to protection of life and personal liberty.

It was held by the court, in another case, that the right to privacy basically is something that is related to people and not places and as it is a fundamental right just like other fundamental rights there would be restrictions on the basis of public interest. These restrictions may be made by legislative provisions, administrative or executive orders, and judicial orders. All of these have to be reasonable and done within good faith.

The Privacy Bill. 2011 states that every individual would have the right to their privacy which includes confidentiality of communication made with correspondences, telephone conversations, messages, emails, or other modes of communication, the confidentiality of his private or family life, privacy from surveillance, the confidentiality of banking, and financial transactions, and protection of honor and good name.

CONCLUSION

Basically, the right to privacy is an essential component that comes under the right to life and personal liberty. It may not be an absolute right but it is subject to reasonable restrictions for the benefit of the public. The right to privacy includes prevention of phone tapping, prisoners’ privacy rights, privacy between married couples, and much more. Every individual needs their private space to enjoy some private moments without people prying upon them. No one would like to be monitored and supervised every single minute. Autonomy and freedom are considered to be one of the best gifts that anyone can receive and hence the right to privacy is considered to be one of the most important things in today’s world where social networking sites, as well as spy cameras, are all over the world and our lives a being splattered all over the social media. The only person that we need to provide an explanation towards is ourselves and not to the world and in order to enjoy your life with freedom, it’s important to understand that your privacy is protected under the constitution and anyone who violates that right would be penalized under the law.

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