QUES . Examine the scope of Fundamental Rights in the light of the latest judgement of the Supreme Court on Right to Privacy. UPSC 2017 GS MAINS PAPER 2
HINTS:
As people are becoming more aware and showing more assertiveness in exercising their rights the scope of fundamental rights is expanding at a pace never seen before. This is especially more evident in the liberal interpretation of Article 21 by the Supreme court of India.
One such example is the Justice K.S. Puttaswamy (Retd.) vs Union of India (2017) case where nine judges Constitutional bench of the Supreme court unanimously agreed to right to privacy as fundamental right under right to life and personal liberty (Article-21). The verdict overturns previous rulings such as Kharak Singh vs State of UP case by the top court which said that privacy was not a fundamental right.
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The judgement also sketches out the evolution of the concepts of human dignity and the right to life, both guaranteed by the Constitution. When a citizen cannot draw a boundary between the state and his personal life, dignity is manifestly impossible.
The right to be let alone is a part of the right to enjoy life. The right to enjoy life is, in its turn, a part of the fundamental right to life of the individual.
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This judgment underlined the different facets of privacy, like informational privacy, bodily privacy, privacy of mind, and the privacy of choice, emphasizing the importance of dignity and freedom.
However, the Supreme Court did not hold that the right to privacy is absolute. It cannot, for example, be used by individuals to exempt themselves from rules and regulations. The state is within its rights to fetter privacy in some circumstances but the onus would be on the state to justify itself
Nowadays people don’t want to spend their life mechanically, their preferences are changing, aspirations are growing and they want to exercise their rights through all the available means. Individual liberty is gaining much more importance.
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Earlier the ambit of private information was very limited like information relating to bank accounts, etc. were considered as private information but now thumb impression, iris details, health information, personal choices, bodily information, etc have become part and parcel of life without which we cannot live comfortably.
As the technology and business promotion activities are growing personal data is gaining more salience. People don’t want to share their confidential information which include their personal information with any one.
Right to life is now no more limited to the wider interpretation given in Maneka Gandhi case , it has reached to the micro level where each and every single entity of life becoming an important component to lead life according to the whims and fancies of individuals with in the frame work of reasonable restrictions.
By including the right to privacy within the realm of fundamental rights, the Supreme Court has re-emphasized the Constitution’s commitment to human dignity, personal autonomy, and individual freedom.
External link: https://loksabhadocs.nic.in/Refinput/New_Reference_Notes/English/Right%20to%20Privacy%20as%20a%20fundamental%20Right.pdf
