12. Examine the scope of Fundamental Rights in the light of the latest judgement of the Supreme Court on Right to Privacy. (250 words) 15m
Ans. In the recent case of Puttaswamy Union of India, the 9-judge bench of the Supreme Court declared Right to Privacy as the Fundamental Right by a majority of 9:0. This type of majority shows that how important right to privacy is in the modern technology driven world.
SC has included right to privacy under Article 21 (Right to Life and Personal Liberty), however the right will not be absolute and will be under certain limitation, which obviously should not be arbitrary in nature and now the aggrieved individual can directly reach the SC for justice (under Article 32).
SC while delivering the judgement has said that liberty and dignity cannot be ensured without privacy. SC through this judgement has also opened the scope of the fundamental right in an non-exhaustive manner.
Through this judgement, it is devised that right to privacy is not a monolithic concept and has various dimensions in it, like
It indirectly protects the sexual orientation of the LGBT community which is against the provisions of the Section 377 of the IPC (Indian Penal Code) which criminalises the act of homosexuality.
(ii) It also protects the choice of an individual especially in the domain of food and drinking habits. This goes against the Bombay High Court verdict which upholded the law banning cow slaughter and also against the Bihar Government law against the liquor sale.
(iii) It also protects individual integrity in domains like right to abortion, right to sell womb (surrogacy), right not to disclose his/her medical conditions like AIDS.
(iv) Through this judgement it is indirectly said to the government about increasing the security of the data of the citizens whether in the Aadhar database or on social networking and other websites on internet.
In future, this right to privacy will open new arenas of rights that an individual should be entitled
to enjoy.
Ans. In the recent case of Puttaswamy Union of India, the 9-judge bench of the Supreme Court declared Right to Privacy as the Fundamental Right by a majority of 9:0. This type of majority shows that how important right to privacy is in the modern technology driven world.
SC has included right to privacy under Article 21 (Right to Life and Personal Liberty), however the right will not be absolute and will be under certain limitation, which obviously should not be arbitrary in nature and now the aggrieved individual can directly reach the SC for justice (under Article 32).
SC while delivering the judgement has said that liberty and dignity cannot be ensured without privacy. SC through this judgement has also opened the scope of the fundamental right in an non-exhaustive manner.
Through this judgement, it is devised that right to privacy is not a monolithic concept and has various dimensions in it, like
It indirectly protects the sexual orientation of the LGBT community which is against the provisions of the Section 377 of the IPC (Indian Penal Code) which criminalises the act of homosexuality.
(ii) It also protects the choice of an individual especially in the domain of food and drinking habits. This goes against the Bombay High Court verdict which upholded the law banning cow slaughter and also against the Bihar Government law against the liquor sale.
(iii) It also protects individual integrity in domains like right to abortion, right to sell womb (surrogacy), right not to disclose his/her medical conditions like AIDS.
(iv) Through this judgement it is indirectly said to the government about increasing the security of the data of the citizens whether in the Aadhar database or on social networking and other websites on internet.
In future, this right to privacy will open new arenas of rights that an individual should be entitled
to enjoy.
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