RIGHT TO PRIVACY BY YOGYA BHATIA @LexCliq

RIGHT TO PRIVACY

The Constitution of India encompasses Right to Privacy under Article 21, which is a requisite of right to life and personal liberty. Law of torts, Criminal Laws as well as Property Laws also recognize right to privacy. Privacy is something that deals with individual privacy and also which was needed to be protected earlier before the passing of a landmark case, i.e., K.S. Puttaswamy v. Union of India in 2017 as it was, previously, not considered a fundamental right under the Indian Constitution. However, our Indian judiciary has, at present, carved out a distinctive precinct regarding privacy and an upshot of that is Right to Privacy, it is, now, recognized as a fundamental right, which is intrinsic under Article 21.

What is Right to Privacy?

According to Black Law Dictionary, Right to Privacy means right to be let alone; the right of a person to be free from any unwarranted interference.

Recently, a judgment was delivered by Justice D.Y. Chandrachud that overruled the principles evolved in the Habeas Corpus casein the case of Justice K.S. Puttaswamy and ors. v. Union of India, which evolved as a landmark judgment in the history of India with regards to the status of Right to Privacy.

Evolution to Right to Privacy

Ancient India

The concept of privacy can also be pragmatic in the ancient text of Hindus. Looking at the Hitopadesh which enumerates that certain matter such as worship, sex and family matters should be protected from disclosure. The very concept is not entirely non-familiar to Indian Culture, but some jurist like Sheetal Asrani-Dann has certain doubts about the right to privacy in India, in view of this, she also explains Upendra Baxis view, but, Upendra Baxi is clearly alarmed with kindness, sympathy, humanity or gentleness, which is an unabated curiosity; it is not about ill-will. Even the privacy in ancient time was related to Positive Morality So, in spite of this, right to privacy was vague in the ancient Indian text.

Modern India

In present time, the issue of Right to Privacy was discussed for the very first time in debate of constituent assembly, where an amendment was moved by K.S. Karimuddin, where B.R. Ambedkar gave it only snobbish support and Right to Privacy was not incorporated in the Indian Constitution. The issue of privacy was dealt with both as a fundamental right under the Constitution and as a common law right since the 1960.Privacy was not considered as a fundamental right was first held by the Supreme Court in the year 1954 by an eight-judge bench in M.P. Sharma v. Satish Chandra case, while dealing with the power to search and seize documents from the Dalmia Group, dismissed the existence of a right to privacy on the basis that the makers of Constitution.Our desire for a private life made a comeback after ten years. before a six-judge bench of the Supreme Court in the case of Kharak Singh v. State of Uttar Pradesh, it was only to be rejected again. The Supreme Court held that there is no fundamental Right to Privacy but went on to strike down the provision which allowed night visits for violation of ‘personal liberty. As dissented by Justice Subba Rao, wherein he said that Right to Privacy is still an essential component of personal liberty though such provision was not incorporated as well as declared as a fundamental right under the Indian Constitution.

After eleven long years, the Supreme Court where a smaller three judge bench when faced with a similar factual matrix in Gobind v. State of Madhya Pradesh, held the existence of a fundamental right to privacy under Article 21. Though Gobind lost, privacy won for the first time and gained a small recognition under personal liberty under the Indian Constitution.

By this time, privacy had rooted in our fundamental rights. It never faced such a strong challenge of its existence as it faced before the nine-judge bench in the case of K.S. Puttaswamy v. Union of India in 2017 and overruled the decisions of M.P. Sharma and Kharak Singh. After the passing of the recent judgment in 2017 it is clear that right to privacy is a fundamental right and it will not lose its status amongst the Golden Trinity of Article 14 (Right to Equality), Article 19 (Right to Freedom) and Article 21 (Right to Life and Personal Liberty).rejected again. The Supreme Court held that there is no fundamental Right to Privacy but went on to strike down the provision which allowed night visits for violation of personal liberty. As dissented by Justice Subba Rao, wherein he said that Right to Privacy is still an essential component of personal liberty though such provision was not incorporated as well as declared as a fundamental right under the Indian Constitution.

After eleven long years (approx.), the Supreme Court where a smaller three judge bench when faced with a similar factual matrix in Gobind v. State of Madhya Pradesh, held the existence of a fundamental right to privacy under Article 21. Though Gobind lost, privacy won for the first time and gained a small recognition under personal liberty under the Indian Constitution.

By this time, privacy had rooted in our fundamental rights. It never faced such a strong challenge of its existence as it faced before the nine-judge bench in the case of K.S. Puttaswamy v. Union of India in 2017 and overruled the decisions of M.P. Sharma and Kharak Singh. After the passing of the recent judgment in 2017 right to privacy is a fundamental right and it will not lose its status amongst the Golden Trinity of Article 14 (Right to Equality), Article 19 (Right to Freedom) and Article 21 (Right to Life and Personal Liberty).

Leave a Reply

LexCliq

Sweet Relief CBD Gummies United Kingdom – Is It Scam or Really Work

Sweet Relief CBD Gummies – Nervousness, persistent torment, and sorrow are turning out to be progressively normal. These are a portion of the issues that a conventional man routinely faces because of a bustling timetable and all the pressure he experiences because of studies and responsibility. Individuals take drug to decrease dopamine, which is great for […]

Read More
LexCliq

평택출장마사지≨ ㄹr인⟿ XAX456 ≩평택출장안마

평택출장마사지≨ ㄹr인⟿ XAX456 ≩평택출장안마®평택출장샵®평택콜걸샵®평택즉석만남®평택애인대행⤻명품서비스⟿출장전문업체↝평택출장업소®평택조건만남 평택출장마사지≨ ㄹr인⟿ XAX456 ≩평택출장안마®평택출장샵®평택콜걸샵®평택즉석만남®평택애인대행⤻명품서비스⟿출장전문업체↝평택출장업소®평택조건만남 평택출장마사지≨ ㄹr인⟿ XAX456 ≩평택출장안마®평택출장샵®평택콜걸샵®평택즉석만남®평택애인대행⤻명품서비스⟿출장전문업체↝평택출장업소®평택조건만남 평택출장마사지≨ ㄹr인⟿ XAX456 ≩평택출장안마®평택출장샵®평택콜걸샵®평택즉석만남®평택애인대행⤻명품서비스⟿출장전문업체↝평택출장업소®평택조건만남  

Read More
Articles

Idrotherapy – Skin Care Ingredients, Price, Uses, Benefits & Results?

Idrotherapy a concentrated formula that helps to reduce wrinkles and fine lines , and makes you look younger and more beautiful. This cream reduces wrinkles and increases skin thickness in a matter of months. Idrotherapy, a non-irritating cream, provides skin benefits such as rejuvenating, improving, moisturizing, and hydrating. There are no side effects. Anti-aging cream reduces the oxidative stress damage that free […]

Read More