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Introduction
In India in the post-Maneka era (after the case Maneka
Gandhi v. Union of India), Supreme Court extended its
dimension given to Art. 21 and asserted it as the heart of the
Fundamental Rights. The right which cannot be traced
specifically in the constitution, and was inferred by the Supreme
Court from Art. 21 and from several other provisions that include
It is the Directive Principles of State Policy.
1) And eight-judge bench ruled in the MP Sharma case (1954) there was no
right to privacy under a specific Article, but it did not extinguish a general
fundamental right to privacy.
The right to privacy in India has developed through a series of decisions over the
past 60 years. The question of constitutionality of right to privacy was a well
debated issue, which received several interpretations from the courts of India, and
was frequently challenged in cases until the Supreme Court passed its solid
judgement on August 24th 2017 and ruled that privacy is a fundamental right
because it is intrinsic to the right to life.
1) Justice
S.A. Bobde:
If a
man has to
die with
dignity, he
has to have
some
privacy.
3) Justice J. Chelameswar:
I do not think that anybody would like to be told by the state as to what they
should eat or how they should dress or whom they should be associated with either
in their personal, social or political life.... There is a battery of judgments saying
privacy is a fundamental right, we cannot ignore them.
Section 377 of IPC was Bringing hope and cheer to the LGBT
stuck down by the Delhi community, the Supreme Court judgement on the
High Court in July 2009. right to privacy has rekindled the possibility that
However, overruling this Section 377 of the IPC, which holds that gay sex is a
judgement, the Supreme crime, could soon be history.
The recent judgement on privacy, said the
Court upheld section 377
right to privacy cannot be denied even if a minuscule
IPC in what is popularly
fraction of population is affected. On hearing the case
referred to as the Kaushal
Justice J. S Khehar said privacy was protected as an
Judgement.
intrinsic part of Art. 21 that protects life and liberty.
Privacy includes at its core the preservation of personal intimacies, the sanctity
of family life, marriage, procreation, the home and sexual orientation.. Privacy
also connotes a right to be left alone.
It is an individuals choice as to who enters
his house, how he lives and in what
relationship. the Court said that ones
sexual orientation is undoubtedly an
attribute of privacy.
1. Beef Laws
In 2015, the Bombay High Court said that state shall not intrude on the
privacy of citizens to find out if they are in possession of beef or any other form of
meat. The Maharashtra Govt later said that the high court while coming to the
finding that right to privacy forms part of the fundamental right to personal liberty
guaranteed under Article 21 of the Constitution, ought to have appreciated that
right to privacy has not yet been designated as a fundamental right.
The Supreme Court in its judgement lately deemed right to privacy as a
fundamental right. The court also said that .as new cases brought new issues
and problems before the court, the content of right to privacy has found
elaboration in these diverse contexts. These would include.food preferences and
animal slaughter.
2. Euthanasia 3. Abortion
Concerns of privacy arise when the State seeks The Court said that A
to intrude into the body of the subjects. Forced womans freedom of
feeding of certain persons by State raises concerns of choice whether to bear a
privacy. An individuals rights to refuse life child or abort her
prolonging medical treatment or terminate his life is pregnancy are areas which
another freedom which fall within the zone of the fall in the realm of
right to privacy. privacy.
Concluding Remarks...
Privacy is subjective and eludes a straitjacket definition. Our society is at
crossroads of the digital revolution and the right to privacy. As the moves towards
the digital medium, the Indian cultural context poses challenges to the
understanding and the implementing privacy as a right that is intrinsic to life and
liberty. Indians need to understand that privacy is not about what you want to hide
but what others need not see.