RIGHT TO PRIVACY IN INDIA: A STUDY WITH SPECIAL REFERENCE TO PRISONERS RIGHT BY - VIKAS SINGH YADAV & DHARAMVEER SINGH YADAV
RIGHT TO PRIVACY IN INDIA: A STUDY
WITH SPECIAL REFERENCE TO PRISONERS RIGHT
AUTHORED BY - VIKAS SINGH YADAV
Research Scholar (Dept. of Law)
Agra College, Agra, DBRAU, Uttar
Pradesh
CO-AUTHOR - DHARAMVEER SINGH YADAV
Research Scholar (Dept. of Physical
Education)
A.K. (PG) College, Shikohabad,
Firozabad, DBRAU, Uttar Pradesh
Abstract
India is governed by constitution and constitution provides fundamental
rights. These fundamental rights are available to all citizens including
prisoners. The right to privacy is a fundamental human right that protects
citizen’s personal dignity by restraining unwarranted interruptions into their
personal lives. This abstract defines the concept of the right to privacy,
especially as it relates to the rights of prisoners within the Indian legal
system. The right to privacy is deep-rooted in international human rights
contexts, such as the Universal Declaration of Human Rights and the
International Covenant on Civil and Political Rights. It includes various
dimensions, including personal liberty, bodily integrity, and privacy of
personal information without unnecessary interference. Prisoners in India, regardless
of their confinement, retain various basic human rights, including the right to
privacy. However, the rights to privacy along with certain other rights are
available subject to restrictions. The right to privacy is essential not only
for human beings living in outside but for the prisoners in order to maintain
prisoner’s dignity and secrecy. In this
article I will try to study and analyze the rights are available to prisoner or
not. The preamble to Indian constitution provides its citizens with liberty of
thought, expression, belief, faith and worship as Fundamental rights also give
the right to life and personal liberty. Indian constitution has made our
society gender friendly. This paper examines the right to privacy under Indian
constitution as well as it examines the provisions of prisoner’s right under
Indian legal system. It tries to find out the relation between right to privacy
and rights of prisoners.
Keywords -
Constitution, Fundamental Rights, Right to Privacy, Prisoners Right, Legal
Rights and etc.
Introduction
In the Indian legal system, the
concepts of privacy and defamation are considered separate entities, each
possessing unique consequences. Each component will be expounded upon
individually and their interrelation will be examined. In India, the idea of
privacy is widely acknowledged as a fundamental human right. This includes a
person's capacity to manage their personal data and uphold confidentiality. The
Universal Declaration of Human Rights and the European Convention on Human Rights
are two examples of international laws that acknowledge the right to privacy.
The right to privacy means that your private messages are safe and nobody can
see them without your permission. The privacy of individuals is crucial for
safeguarding their freedoms and self-respect.
The Indian Constitution does not
specifically say that people have the right to keep their personal information
private. The apex court in Justice K. Puttaswamy case important decisions that
about right to privacy in India. A very significant court decision was made in
the case of Puttaswamy (Retd.) This decision made the right to privacy a
crucial part of the Indian constitution. Privacy is a fundamental right for
people in India and the Constitution safeguards it. The Supreme Court's ruling
in this case emphasized the importance of finding a balanced and fair solution
between protecting personal privacy and addressing government concerns. In
2017, India said that everyone has the right to keep their personal information
private. This right is closely related to other rights that are also important.
The right to privacy means we can keep our personal information private,
protect our bodies and personal space, and have control over our own lives.
People can decide who gets to see their secret information and they should not
be spied on without a good reason.
Defamation is when someone spreads
lies about a person, business, or organization that damages their reputation or
morals. Libel and defamation (also called slander) are two different kinds of
saying harmful or false things about someone. The purpose of defamation law is
to protect people from being harmed by untrue statements made about them, and
to ensure that people have the ability to defend their reputations against false
accusations. The complicated legal problem of defamation is about finding a
fair balance between keeping individuals and groups safe from harm, while also
allowing freedom of speech. Defamation means saying or writing things that
aren't true about a person and it hurts their image or how people think of
them. In India, saying something bad about someone can be against the law and
lead to punishment in both civil and criminal cases. The Indian Penal Code
explains what counts as defamation. Civil libel means that if someone's
reputation is harmed, they can go to court to ask for compensation. Criminal
defamation is more serious because it can result in going to jail or having to
pay money as a punishment.
In the context of the association
between the entitlement to privacy and defamation, it is imperative to
acknowledge that the right to privacy is not an unequivocal and unrestricted
right, but rather is subject to rational limitations. Within the framework of
defamation law, the entitlement to privacy rights may be invoked in
circumstances where inaccurate and derogatory remarks are disseminated
pertaining to an individual's private life or personal matters. In instances
where this occurs, individuals might contend that their right to
confidentiality has been infringed upon, as well as their standing in society.
Achieving a harmonious equilibrium between the right to privacy and the
liberties of speech and expression, involving the ability to make just and
evaluative remarks, is of paramount importance. In cases of defamation, courts
take into account various factors including but not limited to the degree of
public interest involved, the use of truth as a viable defense, and the
underlying intention behind the expressed statements.
Evolution to Right to Privacy
Indian constitution is not limited to
liberty but it has provided its citizens with some fundamental rights which are
considered to be the backbone for the growth of an individual. These rights are
given to both male and female. One of those important rights is the right to
privacy. Now we will discuss the growth of right to privacy in Indian society.
Ancient India
The concept of privacy can be traced
from the ancient Indian not as law but from the orthodox observations of
society. At that time there were certain matters which were not considered as
reasonable for public discussion such as worship, sex and family matters. The
women were bound to be in pardhah and it was a way be in private state, much
exposure was not their right. Over time, the developments go through a
transformation. Although the concept is not entirely unfamiliar to Indian
cultures, the observations of certain legal scholars, such as Sheetal Asrani-Dann,
have sparked ambiguity concerning the right of privacy in India. In search of
this objective, the author avails reference of Upendra Baxi's perspective. However, it must be acknowledged that
Baxi is visibly taken aback by what he perceives as excessive and intrusive
solicitude, characterized by a relentless inquisitiveness. The matter at hand
relates not to malice. In time immemorial, the concept of privacy was filled
with a connotation of virtue or "positive morality." Wearing Pardhah
was commonly regarded as a representation of demonstrating deference to
individuals of seniority in traditional cultural contexts. The concept of
privacy was not discernible in ancient Indian texts, yet it was deemed a moral
imperative to uphold.[1]
Modern India
Currently, the right to privacy is
now a fundamental right under the Indian constitution as enshrined in Article
21 i.e. right to life and individual liberties. During the constituent assembly
debate, K. S Karimuddin proposed an
amendment that addressed this issue, marking the first time it was brought up. Dr B R Ambedkar was also involved in
this discussion. Dr B R Ambedkar gave
only elitist backing, and the concept of privacy rights was not included in the
Constitution of India. Privacy has been addressed as a basic Constitutional
right and a customary law right since the 1960s. The Supreme Court initially
did not recognize privacy as a basic right until 1954 when an eight-judge panel
declared it as such. M.P. Sharma v.
Satish Chandra[2]
When confronting the ability to explore and confiscate files from the Dalmia
Group, the notion of the right to privacy was disregarded as the creators of
the constitution would have explicitly included it as a fundamental right if
they intended for it to be one, and Article 21 does not allude to it.
In KharakSingh v. State of U.P.[3]The
Supreme Court in its interpretation of the terms "life" and "individual
liberty" in section 21. Despite the fact that the constitution makes no
mention of "privacy," most people believe the right Individual
liberty should be broadly interpreted to include the right to respect for human
dignity. She argues that "unlawful entry into a person's home and
consequent disturbance to him is like a violation of ordinary human rights - an
ultimate essential element of orderly freedom.", if not from the very
concept of civilization."
In Naaz Foundation Case[4]
Delhi High Court examines section 377 Indian penal Code and articles 14, 19 and
21. The concept of the right to privacy was established to safeguard an
exclusive domain where individuals can fully express and maintain their true
identities. According to some opinions, people require a safe haven to escape
from the restrictions imposed by society. This sanctuary would allow
individuals to remove their façade and take a break from projecting an image
that is acceptable to their peers but doesn't necessarily represent their true
selves. Such an image might be based on the values of their social group rather
than their genuine personality.
Recently, in K.S.Puttaswamy (Retd.) v Union of India[5]
The Supreme Court in this case acknowledged the fundamental right to privacy as
legally valid. A single order signed by all nine judges declared:
The Constitution guarantees the right
to privacy as an inherent aspect of the right to personal liberty and life, as
well as a part of the freedoms ensured.
Nature of Right to Privacy
Right to privacy is a fundamental
right that permits to an individual's ability to keep their personal
information, thoughts, and activities private and free from unwarranted
intrusion. This right is of very wide scope. The nature of the right to privacy
is multidimensional. The right to privacy India recognizes the inherent value
of individual autonomy. The concept of privacy allows individual to make
personal choices, express them, and lives their lives without unnecessary
interference from others or the government. The right to privacy also extends
to the medical aspect as well. This aspect of privacy protects an individual's
physical body from intrusion, such as unwanted searches or medical procedures
without consent. Decisional privacy refers to the right to take decisions,
especially those related to one's own body health and lifestyle without
external interference or judgment.
The right to privacy protects an
individual's right to keep their sexual orientation, gender identity and
personal relationships private, especially in contest where discrimination or
harm could result from disclosure. Couples have a right to be free from unwarranted
government surveillance or monitoring of their activities without justifiable
cause.
Due to the advancement of science and
technology, the concept of privacy has expanded to include protection of
digital communications, online activities and personal data at the digital
platforms. The nature of the right to privacy is deeply interconnected with
individual dignity, personal freedom, and the ability to lead a fulfilling and
meaningful life without constant scrutiny or interference by unnecessary person
or the government.
Statutory Provision
The right to privacy in India was
recognized as a fundamental right in a landmark case of Puttaswamy. Prior to the decision in this case no express provision
was available to recognize privacy as a fundamental right.
In the landmark case of Puttaswamy v. UOI[6]
A nine judge bench of the Supreme Court unanimously declared that the right to
privacy is a fundamental right protected under Article 21 of the Indian
Constitution. Further, the court held that privacy is instancing to the
protection of life, liberty and it recognized privacy as multidimensional
concept that includes various dimensions such as bodily integrity,
informational, privacy decisional, individual autonomy and many more.
The right to privacy itself is not
clearly mentioned in the Constitution of India, it is Article 21 of Indian
constitution, which guarantees Life and personal liberty. The Puttaswamy judgments in 2017 reinforced
this interpretation and emphasize the importance of protecting an individual's
privacy to uphold their dignity and personal autonomy. The Information Technology Rules 2011 were
formulated under the IT Act 2000. These rules aimed at safeguarding personal
data and information collected and processed by various entities. While these
rules primarily focus on data protection and security practices, they reflect
growing recognition of the importance of privacy in the present digital era.
The Digital Personal Data Protection
Bill 2023 is introduced by the government. It is a bill that allows for the
processing of digital data in a way that acknowledges both the rights of
individuals to protect their personal data and the necessity of processing such
personal data for legitimate purposes. The Advanced Individual Information Insurance
Bill makes sense of individual information as any data that can be utilized to
distinguish an individual straightforwardly or by implication, for example,
their email address or biometric information. The bill additionally
characterizes information trustee as any individual who, either alone or
together or working together with others, decides the reason and the method for
handling individual information. Individuals are granted certain rights over
their personal digital data by the Digital Personal Data Protection Bill 2023,
such as the Right to Know regarding the collection and use of their personal
data. It likewise gives right to demand that their own information be amended
or erased. In addition, it allows individuals to object to the processing of
their personal data for specific purposes.
Right to Privacy of Prisoners
The right to privacy for people in
India is a basic human right. It applies
to everyone, even prisoners. Jail means
some limits on personal freedom for security reasons. But prisoners should still expect some
privacy in jail. Respecting prisoners'
privacy rights is important. It helps
them keep their dignity and be treated like humans and it can help them
rehabilitate. The approach of Indian judiciary to the right to privacy is still
evolving. However, the Supreme Court has made it clear that the right to
privacy is a fundamental right which is a very important for the protection of
individual liberty and autonomy. Recently, the Digital Personal Data Protection
Bill 2023 is a significant that is designed to protect the liberty and privacy
of individual and promote the responsible use of personal data. This bill is
based on the judicial approach to the right to privacy and expects to further
strengthen the protection of privacy rights in India for the citizens.[7]
General Rights of Prisoners
Prisoners in India, like in other
legal systems, got certain basic rights so they're treated and kept safe and
their dignity or whatever when they're locked up. These rights try to balance out the
punishment of being in jail with normal human rights ideas and rehab and
stuff. The normal rights of prisoners in
India are protected by their Constitution, and also some international human
rights laws.[8]
Right to Fair and Speedy Trial
The Supreme Court of India held in Hussainara Khatoon v. State of Bihar[9]
recognized the prisoners right of fair and speedy trial. This case is landmark
regarding the rights of under-trial prisoners. In this case Supreme Court
recognized that the right to speedy trial is an important part of the
fundamental right to life and personal liberty given under Article 21 of the
Constitution. LongTerm detention without trial of the prisoners violates the
Article 21of the Constitution. Furthermore the Court highlighted the necessity
for giving legal aid to economically weaker under-trial prisoners. The judgment
focuses that legal services should be offered to those prisoners to safeguard
their rights are protected and to prevent unjust and unlimited confinement.
Right to Legal Aid
Right to Legal Aid is an important
right as provided under Article 39A of Indian Constitution. This right is
available to the prisoners for their legal representation before the court of
law. The right to Legal Aid is available without any discrimination and even if
the prisoners do not have the means to pay for it. It is the duty of government
to provide Legal Aid.[10]
The abovementioned rights are general
which are available to prisoners in India. Despite these rights other rights
are also available to the prisoners in India to maintain their dignity and
privacy.
Rights to Privacy of Prisoners
The issue of prisoner’s privacy is
very complex in India. From many last years it is a debate between Human rights
activists and legal scholars. Many argue that prison convicts have lost certain
rights as a result of their confinement, so the government must keep an eye on
them to ensure their safety and stop criminal activity. On the other hand, many
argue that inmates still have certain fundamental rights, like the right to
privacy. The Indian Constitution doesn't unequivocally specify prisoner’s right
to privacy. The Supreme Court of India has declared it as an integral part of
the right to life and personal liberty (under Article 21). As a result,
prisoners' right to privacy cannot be violated by the government without a
valid justification.
The observation of the court in case
of Sunil Batra v Delhi Administration[11]
is significant. In this case court highlighted the importance of the prisoners’
rights and recognized that even in prison it does not that prisoner loses their
basic rights. The apex court specified that prisoners still have certain rights
like the right to life and personal freedom as well as right to be treated
respectfully and with dignity.
In Francis Coralie Mullin v. Administrator Union Territory of Delhi[12]the
observation of the Supreme Court established that the protection of life and
freedom given in Article 21 of the Indian Constitution covers to every person,
including prisoners. It highlighted that any act which disrespects or contains
a risk to a person's dignity and privacy is conflicting to the principles
stated in Article 21.
The Supreme Court decided in Ramamurthy v State of Karnatka[13]
that the right to privacy of prisoners is conditional and it is subject prison
rules. The government might curtail right to privacy for safety and law and
order wit reasonable cause.
In case of R Rajgopal v State of Tamilnadu[14]one
of the landmark judgments in India. The Supreme Court of India recognized the
right to privacy as a fundamental right under article 21 of Indian
constitution. Mr R Rajgopal wrote a biography of former chief minister of Tamilnadu. The Chief Minister filed a case
against Rajgopal against violation of right to privacy. The Supreme Court held
that right to privacy is fundamental right within the framework of article 21
of Indian constitution. In this case, the right to privacy was conferred and
the Supreme Court held that the right to privacy is a fundamental right that is
provided under Article 21 of the Indian Constitution. Therefore, every citizen
has a right to be left alone and so they have a right to try to safeguard their
and their family’s privacy.
The Supreme Court in the case of R. Rajagopal v. State of Tamilnadu,
first time clearly linked the right to privacy with Article 21 of the
Constitution. For this situation the right of protection of a the detainee was
in issue. One sentenced prisoner, Auto Shankar, wrote his autobiography while
incarcerated and gave it to his wife for delivery to an advocate so that it
would be published in a specific magazine edited, printed, and published by the
petitioner. According to this autobiography, the prisoner had a close
relationship with a number of officers, including IAS and IPS officers, some of
whom were, in fact, his partners in several crimes. This autobiography was
controlled in multiple ways before it could be published. It was on these
realities that the solicitor tested the limitations forced on the distribution under
the steady gaze of the High Court.
In the context of an analysis of case
law from other common law countries, such as the United Kingdom and the United
States, Justice B.P. Jeevan Reddy held that the right to privacy can certainly
be inferred from Article 21 of the Constitution, even though it is not listed
as a fundamental right.
A prisoner's autobiography could be
published by a magazine, the Indian Supreme Court ruled, even without his
permission or consent. Jail authorities endeavored to keep the magazine from
distributing the life account, by driving the detainee to demand that the
auto-memoir was not distributed. The Court made sense of that it was critical
to work out some kind of harmony between the opportunity of the press and the
right to protection, and found that the state and its authorities don't reserve
the privilege to force earlier limitations on the distribution of materials
that might be stigmatize the State.[15]
Conclusion
Although India is actively working
towards the development and formulation of privacy and data protection laws
there are still areas that require attention. It is crucial for our Indian
Legislature to integrate insights, from data protection and privacy laws across
the globe taking a stride in implementing and advancing this emerging field of
law given its utmost importance at present. Various data protection regulations
exist worldwide which if enacted and strictly enforced in India could help address
data protection challenges. The Indian Constitution recognizes the right to
privacy under Article 21 as a prerequisite for safeguarding life and liberties. To better understand the term
"privacy” it is important to clarify that it is not a concept with
implications as per the provisions of the Indian Constitution nor does it
extend to aspects like torture law, criminal law and property law. Also
encompasses an individual’s personal sphere that should be protected even
before landmark cases such as K.S. Puttaswamy, vs Union of India come into
play.
[1]Shubham Mongia, Legal analysis of
Right to Privacy in India, http://legalserviceindia.com/article/-676-legal-analysis-of-right-to-privacy-in-india.html
[2]AIR 1954 SCC 1077
[3]AIR 1963 SCC 1295
[4] (2009) 160 Delhi Law Times 277
[5] AIR 2017 10 SCC 1
[6]AIR 2017 10 SCC 1
[7]Prisoners Right in India, available at: www.legalservices.com (Visited on Aug
28, 2023)
[9] AIR 1979 SC 1369)
[10]Article 39A of Indian Constitution
[11] AIR 1978 SC 1675
[12]AIR 1981 SC 746
[13] AIR 1997 SC 1739
[14]AIR 1995 SC 264
[15] AIR 1994 SCC (6) 632