RIGHT TO PRIVACY Should It Be Made A FUNDAMENTAL RIGHT??
Should right to privacy be a fundamental right or not ?
the current moral policing which was exhibited by the cops in Mumbai and the moral policing across various part of the country, also to include the PORN ban has kicked up this debate of RIGHT to Privacy. Lets first understand as to what things does the constitution and the democracy will live in say about this.
Right to Privacy refers to respecting and ensuring the privacy of the individual. It is not explicit under the Constitution, but Supreme Court in subsequent cases like MP Sharma and Kharak Singh cases have mentioned that Right to Privacy is implicit in Preamble and Article 21.
What does the SC say on it till now
As the SC noted last week, “If a man is not safe in his own house, then what remains in Article 21 (right to life and liberty)? Where is liberty then? If privacy is not there in liberty, then what else can be there? To say that it (right to privacy) is not at all there will not be right. We will not accept it.”
Democracy offers a set of fundamental rights to citizens.But these rights are not absolute,they are qualified which basically means their application should not create problem for others or should be not be creating a situation of threat to the nations .In this respect right to privacy should be considered.
Implications of making right to privacy a FR
1.It’s basic human rights.People sacrifice few of their freedoms under social contract with state,but right to privacy doesn’t come under it.
2. What one does in his own or personal life should not be crept an eye on and i asked about,until it is a law and order issue.In this way right to privacy is pretty much in accordance with the constitutional approach.
3. This will ensure the self respect of the individual as written in our Preamble.
4. It will impose restrictions on the executive and legislative when they try to impose restriction on us.
5. It will also give a boost to the Right to personal liberty, implicit under Article 21 of the Constitution.
6. It will protect the individual rights by making them justiciable in specially those cases where there is abridgement by the State.
1. Depending on traditions and social norms,certain acts are absolutely not acceptable.Hence in our Country,homosexuality,explicit sexual display of affection are completely off limits.State has a right to stop such type of activities. For this,reason right to privacy can’t be guaranteed as a fundamental right.
2. Another example, is the case of Saudi Arabia and as a matter of fact certain Indian state’s such as Gujarat bans use of Alcohol.Right to privacy can be a way for citizens to avoid these norms.Hence certain relaxations are required so as to consider the right to privacy.
3. Hence restrictions are more of because of the outdated rules and convictions/belief of people .One thing comes out is that modern societies favour the right to privacy.Hence, our country needs to follow this trend and give to its citizens the right to privacy as fundamental rights.
4. Right to Privacy will also be a restriction to the police and the intelligence agencies and they will not be able to collect the private information about accused,dead persons etc. as it was mentioned in DNA Profiling bill.
5. Right to Privacy should not be made as a Fundamental Right and should be decided and interpreted by judiciary on a case to case basis. Hence, it is better of judged by judiciary.
6. In order to ensure that citizens have “basic human right to privacy” is protected, the government should take up various steps to boost up cyber security so as to ensure the security of the personal information.
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