Skip to main content

Right to privacy under the constitution



Whether an Individual Citizen has any Right To Privacy under the Constitution? 

Yes, there is right to privacy in constitution and it is a fundamental right of the citizens of India under Article 21 of the Constitution of India 

 Article 21 :

 According to Article 216 of the Constitution of India protection of life and liberty- No person shall be deprived of his life or personal liberty except according to procedure established by law. 

 The nature and scope- The expression “Personal liberty” in Article 21 is of the widest amplitude and it covers a variety of rights which go to constitute the personal liberty of man and some of them have been raised to the status of distinct fundamental rights and given additional protection under Article 197 . 

Article 19 of the constitution of India is has follows protection of certain rights regarding freedom of speech, etc

 (1) All citizens shall have the right –

 a. to freedom of speech and expression; 

b. to assemble peaceably and without arms;

 c. to form associations or unions8 ;

 d. to move freely throughout the territory of India;

 e. to reside and settle in any part of the territory of India9 ;

 f. to acquire, hold and dispose of property; g. to practice any profession, or to carry on any occupation, trade or business


Rights to privacy under Article 19 and 21 : 

 “Rights to privacy” it is the duty of media to respect individuals fundamental right to privacy and to maintain dignity of courts so that people’s faith in administration of justice is not diminished10 it is held in the case of Hindustan times v. High Court of Allahabad11. 

Whereas in Article 21 right to privacy is held under fundamental rights of the citizens and it is protected under Article 21 of the Constitution, K.S. Puttaswamy v. Union of India12, a historic judgment passed affirming the Constitutional Right to Privacy. It declared Privacy to be an Integral Component of Part three of the Constitution of India, which lays down our fundamental rights, ranging from Rights relating to Equality (Article 14 to 18); Freedom to speech and Expression (Article 19(1)(a)); Freedom of movement (Article(1)(d)); protection of life and personal liberty (Article 21) and others. 

These Fundamental Rights cannot be given or taken away by law, and all laws and executive actions must abide by them. In  Puttaswamy case previously the Eight-judge bench decision in M.P. Sharma case (1954)13, which held that the right to privacy is not protected by the Constitution stands over-ruled; 

The Court’s subsequent decision in Kharak Singh (1962)14, also stands over-ruled to the extension that it holds that the right to privacy is not protected under the Constitution; The right to privacy is protected as an intrinsic part of the right to life and personal liberty under Article 21 and as part of freedoms guaranteed by part three of the Constitution .

Comments

Post a Comment

Popular posts from this blog

COLLECTOR OF MADURA VS. MUTHU RAMALINGA SETHUPATHY

  COLLECTOR OF MADURA VS. MUTHU RAMALINGA SETHUPATHY  which is popularly known as RAMNAD CASE . The landmark judgement of this case is delivered by the Privy Council stating that ,"Under Hindu Law clear proof of custom will outweigh the written text of the Hindu Law" FACT:         In nutshell , the Ramnad case is , The Zamindar of Ramnad ,had died without any legal heir. So, after his death ,his estate vested on his wife Rani Parvathavardhini. After the death of her husband, she adopted a son with the consent of her husband's sapindas but there was no authorization of adoption from her husband.When the Collector of Madura came to know about the death of Zamindar of Ramnad , he notified about the death of the Zamindar without any legal heir.So, Under British law , if any Zamindar died without any heirs, after the death of his wife the Zamindari would be seized by the government ,which is called as "The Doctrine of Lapse".But after the death of the Zamindar's...
Post a Comment
Read more

The Source of Hindu Law

Introduction Source of Law means “ the roots of the law ” , “ cause of the law ” , “ the things from which the laws have been taken ” . There are many connotations to the word, “ source of law. ” This can be the authority that determines conduct regulations that are accepted as binding by the courts. It can mean the social conditions that motivate the making of law for conditions to be regulated. This can also mean the substance from which the rules and laws are learned, in its literal sense.  The Sanskrit word Sindhu has been considered the origin of the word ‘ Hindu ’ . A Hindu is an adherent of Hinduism. The personal laws which governed and are even now governing the social life of Hindus (such as marriage and divorce, adoption, inheritance, minority and guardianship, family matters, etc.) are compiled in the form of Hindu Law. It was revealed to the people by God through Vedas. Various sages and ascetics have elaborated and refined the abstract concepts of life explained in ...
2 comments
Read more

Cyberspace TAXATION - S.SHANMATHY

Abstract: Cyberspace is a virtual trading shop, from where income is generated, sale and purchase are transacted, service to clients and entertainment and luxuries to the customers are offered. Considering the enormous scope for commercial activities, it can be a meadow of taxation giving a wider scope to the State to generate public revenue.        Introduction: Tax is a mandatory imposition by the sovereign without any guarantee of special benefits. The imposition of tax is a constitutional function. Such an imposition may be either upon person or property or privileges or occupations or enjoyments of the people. Obviously, the primary implication and object of taxation is to raise money for the purpose of the Government, by means of contribution from individual persons. While levying a tax, the State, to some extent, brings in measures to regulate the business activity or the consumption of a commodity or service or even accumulation of wealth in the ...
Post a Comment
Read more