Q. Examine the scope of Fundamental Rights in the light of the latest judgement of the Supreme Court on Right to Privacy. (250 words, 15 Marks)

Answer:

Approach:

  • Introduction: Start with the significance of Fundamental Rights in the Indian Constitution. Highlight the dynamic nature of these rights, emphasizing the role of the judiciary in their interpretation.
  • Body: 
    • Brief on earlier stances of the judiciary on the right to privacy.
    • Discuss the core pronouncements of the Puttaswamy judgment, emphasizing its recognition under Article 21 and the conditions set for any infringement on privacy.
    • Outline the different aspects of privacy acknowledged and their importance in ensuring comprehensive protection.
    • Explain the transformative impact of this recognition on various legal and social spheres, including cases and aspects directly influenced (like decriminalization of homosexuality and the right to be forgotten).
    • Acknowledge the practical challenges in enforcing the right to privacy, particularly in the digital age.
    • Highlight initiatives like the Personal Data Protection Bill, emphasizing the ongoing efforts and the need for further measures.
  • Conclusion: Conclude by stressing the need for a balanced approach towards privacy rights, considering national, technological, and societal nuances.

 

Introduction:

Fundamental Rights, enshrined in Part III of the Indian Constitution, stand as the cornerstone of the democratic values the country sustains, ensuring dignity, equality, and freedom to every citizen. These rights, although explicitly articulated, have seen expansive interpretation by the judiciary over the years. A monumental addition to these interpretations was the recognition of the ‘Right to Privacy’ as an intrinsic part of the Fundamental Rights under Articles 14, 19, and 21, as adjudicated in the landmark case of Justice K.S. Puttaswamy (Retd.) vs Union of India (2017).

Body:

Evolution Towards the Puttaswamy Judgment:

19.1

  • The judicial journey towards recognizing privacy as a fundamental right was not straightforward. Earlier verdicts, such as in the Kharak Singh vs State of UP case, did not acknowledge privacy as a constitutionally protected right. However, the evolving democratic needs and complexities of human life necessitated a broader perspective.
  • The Puttaswamy case emerged in the wake of privacy concerns triggered by the Aadhaar scheme, demanding clarity on the legal position of privacy rights.

Unpacking the Puttaswamy Judgment:

  • The Supreme Court, in a historic verdict, declared the right to privacy as an intrinsic part of the right to life and personal liberty under Article 21 and other intertwined rights guaranteed by the Constitution.
  • It established critical tests for any infringement on privacy, including legality, necessity, and proportionality, thereby setting a threshold for state action.
  • This judgment underlined the nuanced facets of privacy, like informational privacy, bodily privacy, privacy of mind, and the privacy of choice, emphasizing the importance of dignity and freedom.

Broader Implications on Fundamental Rights:

  • The affirmation of the right to privacy had a ripple effect on various aspects of law and society. The decriminalization of homosexuality through the Navtej Singh Johar vs Union of India case was a direct consequence, emphasizing individual autonomy.
  • The recognition of the ‘Right to be Forgotten’ in the digital space further enhanced individual freedom, allowing people to have a say in their perpetual digital footprints.

Challenges and Subsequent Measures:

  • Despite these progressive steps, the enforcement of the right to privacy faces hurdles, particularly concerning data protection in the digital era and state surveillance.
  • Acknowledging these challenges, the government has initiated steps like the draft Personal Data Protection Bill, which seeks to protect personal data and establishes the Data Protection Authority of India. 
  • This initiative underscores the commitment to safeguarding privacy post the Puttaswamy judgment, although it awaits further refinement and enactment.

Conclusion:

The Puttaswamy judgment is a testament to the living nature of the Indian Constitution, adapting to the contemporary needs of society. By embedding 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. However, this is just the foundation. The efficacy of this right hinges on robust legislative frameworks, effective enforcement mechanisms, and, importantly, a vigilant citizenry aware of their entitlements. The balance between individual privacy and state interest is delicate and requires constant recalibration, keeping national security, technological advancements, and societal needs in perspective. In the evolving democratic landscape, the right to privacy cannot be an absolute right but should always be a protected one.

 

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Quick Revise Now !
UDAAN PRELIMS WALLAH
Comprehensive coverage with a concise format
Integration of PYQ within the booklet
Designed as per recent trends of Prelims questions
हिंदी में भी उपलब्ध

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