Right To Privacy Through Perspective of Article 21

 Right To Privacy Through Perspective of Article 21

By Shagun Mahendroo

Fundamental Rights, which are written in Part III of the Indian Constitution, were created to defend citizens' rights and give them with a sense of security and freedom. These rights also prevent authoritarian and dictatorial rule from taking root in the country. Every individual has the right to live a life of liberty and dignity. Article 21 of the Indian Constitution is one of the most important fundamental rights.

Article 21 of India's 1949 Constitution: Right to Life and Personal Liberty

No one's life or personal liberty can be taken away from them unless they follow the legal procedure.

Article 21, popularly regarded as the constitution's heart, grants citizens and non-citizens of India the right to vote. This fundamental right encompasses a wide range of rights in addition to life and liberty. The word "personal liberty" has been debated in numerous cases, with the most recent case being Maneka Gandhi v. Union of India and Anr (1978), in which a Delhi Regional officer ordered the petitioner Maneka Gandhi to surrender her passport within seven days without giving her a reason.

The Supreme Court ruled that "Personal Liberty" encompassed a wide range of rights, and that such rights could only be revoked after a legal procedure that was just, fair, and reasonable, not arbitrary. Personal liberty refers to a set of rights that guarantee a person's freedom.

The court further stated that the right to life encompasses not just a bodily right but also the right to live with dignity. Simply having the right to survive is not enough for anyone to live peacefully; everyone should have the right to dignity, which entails having access to the fundamental necessities of life as well as having control over one's own decisions.Fair salaries, clean air, access to food, and other basic necessities are all part of the right to dignity.

The term "right to life" is used in Article 21 to refer to the right to participate in activities, as well as the right to tradition, heritage, culture, and livelihood. The right to privacy is one of the most crucial aspects of life. Every human being desires some level of privacy in their lives. No one wants others to invade into their personal space and disrupt their joy and quiet.

For a long time, citizens have been denied the right to privacy, and there has been much dispute about it. There is no express clause in the constitution that emphasises the right to private. Even the data we save on our phones and laptops is private information that must be secured; if the information is stolen, our right to privacy is violated, and a fundamental right is violated. Unprotected data infringes on one's right to privacy.

The first time the right to privacy was discussed was in the case of Kharak Singh v. Kharak Singh's house was visited by the police at odd hours, frequently waking him up from his sleep, and the court held that this infringed on his 'right to life,' but the court dismissed the petitioner's allegation that the shadowing of chronic criminals infringed on his right to privacy, as the right to privacy was not recognised as a Fundamental Right at the time.

Before it was recognised a basic right, the right to privacy was just that: a right. Right to Privacy was recognised as a Fundamental Right in the landmark case K.S. Puttaswamy V. Union of India, which was passed in 2017, and was subsequently incorporated in Article 21 as a Right to Life and Personal Liberty.