India’s Supreme Court issued a landmark ruling affirming the Right to Privacy as a fundamental right, reinforcing citizens’ protection from unwarranted intrusion by the state or other entities.
Let’s talked about right to Privacy and it’s details and where it is came from:-
The Right to Privacy is a fundamental legal concept that protects an individual’s autonomy, personal space, and control over their personal information. In India, the Right to Privacy has gained significant importance in recent years, particularly with a landmark judgment by the Supreme Court of India in 2017.
Here are some key details about the Right to Privacy in India:
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**1. Constitutional Recognition:** The Right to Privacy in India is not explicitly mentioned in the Constitution but is derived from the interpretation of various fundamental rights. The Supreme Court has held that it is a fundamental right implicit in the right to life and personal liberty under Article 21 of the Indian Constitution.
**2. Landmark Supreme Court Judgment:** The Supreme Court of India’s historic judgment in the case of Justice K.S. Puttaswamy (Retd.) and Another v. Union of India and Others in 2017 firmly established the Right to Privacy as a fundamental right. The court ruled that privacy is an intrinsic part of the right to life and personal liberty.
**3. Scope of Privacy:** The Right to Privacy encompasses a wide range of aspects, including personal autonomy, decision-making, bodily integrity, protection from state surveillance, and control over personal data. It extends to protecting individual choices, beliefs, and lifestyles from undue interference.
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**4. Limits and Reasonable Restrictions:** While the Right to Privacy is fundamental, it is not absolute. Like other fundamental rights, it can be subject to reasonable restrictions in the interest of national security, public order, or the protection of other fundamental rights.
**5. Aadhaar Card and Privacy Concerns:** The Aadhaar project, which involved biometric identification of Indian citizens, sparked significant debates about privacy. The Supreme Court, in its 2018 judgment, upheld the validity of Aadhaar but imposed restrictions to protect individuals’ privacy and data security.
**6. Data Protection Laws:** India is in the process of enacting comprehensive data protection laws to safeguard individuals’ personal data and privacy. The Personal Data Protection Bill, 2019, seeks to regulate the collection, storage, and processing of personal data.
**7. Privacy and Technology:** The digital age has brought new challenges to privacy, with concerns about data breaches, online surveillance, and the use of personal data by tech companies. Indian courts are increasingly addressing these issues to protect citizens’ privacy rights in the digital space.
**8. Right to be Forgotten:** The concept of the “right to be forgotten” is emerging in India, allowing individuals to request the removal of their personal information from online platforms under certain circumstances.
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In summary, the Right to Privacy in India is a fundamental right that has been affirmed by the Supreme Court. It encompasses various aspects of individual autonomy and protection from unwarranted intrusion. While it is fundamental, it is not absolute and can be subject to reasonable restrictions. India is actively working on data protection laws and addressing privacy concerns in the digital age.
