Posted by PRIVACY & FUNDAMENTAL RIGHTS:
By Amardeep Singh.
The Fundamental Rights contained in Part III of the Indian Constitution are seems as the part of the Indian Constitution, out of the Fundamental Rights Article 21 which speaks about Right to life and personal liberty considered as the most important part of the Fundamental Rights. From time to time it is claimed that the Right to privacy is the Fundamental Right. In various cases the court pronounce its judgments, in the very beginning of the constitutional Era in the year of 1954 in MP Sharma’s Case it was held that the Right to Privacy is not protected by the constitution and again in the case of Kharak Singh in 1962. But subsequent to kharak Singh it is said that the Right to privacy is protected as an intrinsic part of Right to life and personal liberty under Article 21 and as part of freedoms guaranteed by Fundamental Rights Chapter of the Constitution.
The Nine judge bench headed by Chief Justice of India JS Khehar ruled in a unanimous verdict by saying “it was the constitutional core of human dignity”. On the other hand, the Bench itself clears the situation that the Right to privacy is not an absolute right it has some permissible restrictions. The law of Privacy under the head of Article 21 can be challenged on the violation of Article 21, which must be just, fair and reasonable.
The recent decision by the Nine Judge Bench of the Hon’ble Supreme Court is likely to be impact on the various things like the D.N.A. test, Two finger test in the case of Rape victims, Pornography, Validity of Section 377 of Indian Penal Code, 1860 that deals with the concept of Homosexuality, Whatsapp’s privacy policy, Aadhar scheme, data sharing policy of various other online applications as well as of browser.
Right to privacy is a need of time, as due to the advancement of technology, the information of any person become of the value of Million dollars. No doubt, we need the advancement of society as well as of our daily routine, But not at the cost of sharing of one’s privacy. There is a need to set up strict standards and to follow them in a strict manner So that the privacy of each and every individual is to be kept secret.
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