STRUCTURE

Introduction – A short introduction to Right to privacy ( 15 words)

Body – Explain Right to privacy in light of  K.S. Puttaswamy vs. union of India (120 words)

Conclusion – Mention a short conclusion with way forward(15 words)

ANSWER

Article 12 of the 1948 Universal Declaration of Human Rights declares Right to Privacy as -“No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honor and reputation. Everyone has the right to the protection of the law against such interference or attacks.” In K.S. Puttaswamy vs. union of India it was held by the Court that the Right to Privacy of the citizens has to be protected as an intrinsic part of the right to life and personal liberty under Article 21 and as a part of the freedoms guaranteed by Part III of the Constitution.

IN THE CASE -

Issues before the Court

• The issue before the Court was whether Right to Privacy was a fundamental right despite it not being expressly provided for by the Constitution.
• The question that also arose was that since the Court had stopped short of declaring the right to privacy an absolute fundamental right in some of the above-mentioned judgements, the petitioner wanted the Court to clarify whether the view expressed in these previous judgements was the correct constitutional position.

JUDGEMENT

• It was held that privacy concerns in this day and age of technology can arise from both the state as well as non-state entities and as such, a claim of violation of privacy lies against both of them.
• The Court also held that informational privacy in the age of the internet is not an absolute right and when an individual exercises his right to control over his data, it may lead to the violation of his privacy to a considerable extent.
• It was also laid down that the ambit of Article 21 is ever-expanding due to the agreement over the years among the Supreme Court judges as a result of which a plethora of rights has been included within Article 21.
• The judgement in this landmark case was finally pronounced by a 9-judge bench of the Supreme Court on 24th August 2017 upholding the fundamental right to privacy emanating from Article 21. The court stated that Right to Privacy is an inherent and integral part of Part III of the Constitution that guarantees fundamental rights. The conflict in this area mainly arises between an individual’s right to privacy and the legitimate aim of the government to implement its policies and a balance needs to be maintained while doing the same.

ANALYSIS OF THE JUDGEMENT

• Puttaswamy case resulted into declaration of right to privacy as a fundamental right under Article 21 of the Indian Constitution. Thus one can move to Supreme Court or high court against tyranny of state.
• This will strengthen freedom of thoughts, expressions, beliefs etc.
• Provides for protection against the state’s interference in the private matters including marriage, family & sex.
• It will help in prevent the situation of surveillance by the state.
• It will give boost to the rights of the transgender & LGBT as confirmed by scrapping of section 377 of IPC.
• The dignity & integrity of a people’s body, mind & thoughts are protected through Right to privacy.
• Now one can make the state accountable & seek justice in case of any infringement in the private zone & in case of unnecessary surveillance without her consent.
• This opens doors for further debates, will encourage awareness about the rights enjoyed by the citizens.
• This verdict on right to privacy will also challenge the validity of privacy policies of many companies and will make them transparent and accountable.