RIGHT TO PRIVACY IN INDIA By - Shivam Juneja
RIGHT TO PRIVACY IN
INDIA
Authored By - Shivam Juneja
TABLE OF CONTENTS
ABSTRACT
The
Right to Privacy has been a major issue in India for centuries and has recently
gained further recognition in the wake of the digital revolution in the
country. This article aims to explore the concept of the Right to Privacy in
India, its history, constitutional aspects, legal framework, and recent
developments. It further examines the implications of the Right to Privacy in
various spheres of life, such as health and technology, and explores the
potential challenges to its protection. Finally, the article provides an analysis
of the current state of the Right to Privacy in India and suggests measures to
strengthen its protection.
INTRODUCTION
The
concept of the Right to Privacy is very difficult to define in words
irrespective of the fact that privacy is an extremely precious and valuable
aspect of our life. Privacy became a concern of every individual due to
technological advancement and also an emphasis on the protection of data. The
right to privacy recognized in the Indian Constitution in Article 21 as such
protects the right to privacy as a necessary ingredient of the right to life.
The Right to privacy emphasises individual liberty and this individual liberty
is under threat by the interference of strange people. As India is a developing
country it needs some time for the effectiveness of the implementation of the
new area of law. The object of this research is to examine the present legal
status of privacy & data protection in India as a matter of right for the
citizen of India.
HISTORY OF RIGHT TO PRIVACY IN INDIA
The
Right to privacy to date is not enumerated in part three of the Indian
Constitution which is commonly referred as Fundamental Rights. The scope of
this right first came up for consideration in Kharak Singh vs State of UP
(1962) case, where the Supreme Court held that the right to privacy is not a
fundamental right. However, the Court was of the opinion that there is no
absolute right to privacy, and it can be curtailed for the protection of public
interests. After this, in the landmark judgment of Justice K.S. Puttaswamy
(Retd.) vs Union of India (2017), the Supreme Court held that the right to
privacy is a fundamental right and an intrinsic part of the right to life and
personal liberty under Article 21 of the Constitution of India.
CONSTITUTIONAL ASPECTS OF RIGHT
TO PRIVACY
The
Constitution of India does not explicitly mention the Right to Privacy.
However, it is implied through various provisions of the Constitution, such as
the right to life and personal liberty under Article 21, the right to freedom
of speech and expression under Article 19(1)(a), and the right to protection of
life and personal liberty under Article 14. In the landmark case of Justice
K.S. Puttaswamy (Retd.) vs Union of India (2017), the Supreme Court held that
the Right to Privacy is a fundamental right and an intrinsic part of the right
to life and personal liberty under Article 21.
LEGAL FRAMEWORK FOR PROTECTION OF RIGHT TO PRIVACY
The
Information Technology Act 2000 has two sections related to privacy: Section
43A which regulates the use of reasonable security practices for sensitive
personal data and provide for the compensation of the person affected by
unauthorized loss or gain, and Section 72A which provides for imprisonment for
a period up to three years or a fine up to Rs 5,00,000 or both for a person who
causes wrongful loss or gains by disclosing personal data of another person
without their consent under the terms of a lawful contract.
The
Privacy Bill 2011 states that “every individual shall have a right to his
privacy, the privacy of correspondence made to, or by him including his
correspondence, telephone conversation, postal, electronic mail, and other
modes of communication, the confidentiality of his private life or his beloved
once life; protection of his honour and good name; protection against search,
detention of law communication b/w and among individuals privacy from
surveillance; confidentiality of his banking and financial transactions, legal
and medical information and protection of information relating to the
individual”. This bill provides protection from identity theft, criminal data
etc. The bill also states that any person who takes or obtains any information
concerning an individual from any Government servant or any other source under
false pretext shall be punishable with a fine of up to Rs. 5,00,000.
The
Data (Privacy and Protection) Bill 2017 seeks to make the consent of a person
for the collection and processing of personal data mandatory. This bill states
that every person shall have his individual Rights and shall have the final
right to their personal data
CONCLUSION
The
right to privacy is a fundamental right that is deeply embedded in the Indian
Constitution and is recognized as an intrinsic part of the right to life and
personal liberty under Article 21. India has adopted several legal frameworks
to protect this right. However, these frameworks are inadequate to protect the
right to privacy in the modern digital age. In order to ensure that the right
to privacy is protected in India, it is essential to implement comprehensive
data protection and privacy laws that recognize and protect the right to
privacy in all aspects of life. Moreover, it is important to ensure that
privacy-related laws are implemented effectively and that citizens are aware of
their rights and responsibilities.
BIBLIOGRAPHY
1.
Kharak Singh v. State of U.P., (1962) Supp. 3 SCR 332.
2.
Justice K.S.
Puttaswamy (Retd.) v. Union of India, (2017) 010 SCC 001.
3.
Information Technology Act 2000.
4.
Gaurav Luthra, “Right to Privacy: An Overview”, Indian
Journal of Law And Technology, (2014).
5.
Savya Singh, “Right to Privacy: An Indian
Perspective”, Indian Journal of Law and Technology, (2016).