right to privacy
Right To Privacy Under Article 21 and the Related Conflicts
A very fascinating development in the Indian Constitutional jurisprudence is the extended dimension given to Article 21 by the Supreme Court in post-Maneka era. The Supreme Court has asserted that Art. 21 is the heart of the Fundamental Rights. Article 21 has proved to be multi-dimensional. The extension in the dimensions of Art.21 has been made possible by giving a extended meaning to the word ‘life’ and ‘liberty’ in Article 21. These two words in Art.21 are not to be read narrowly. These are organic terms which are to be construed meaningfully.
The Supreme Court has asserted that in order to treat a right as a fundamental right, it is not necessary that it should be expressly stated in the constitution as a Fundamental Right. Political, social, and economic changes in the country entail the recognition of new rights. The law in its eternal youth grows to meet the demands of society.
Right to privacy is one such right which has come to its existence after widening up the dimensions of Article 21. The constitution in specific doesn’t grant any right to privacy as such. However, such a right has been culled by the Supreme Court from Art. 21 and several other provisions of the constitution read with the Directive Principles of State Policy. In this paper we will be discussing over a new dimension of Art. 21 that is the Right to Privacy and also the conflicts related to it.
Introduction
Before we get into a complete discussion of Right to Privacy first of all we need to know what does the word Privacy mean. According to Black’s Law Dictionary “right to be let alone; the right of a person to be free from any unwarranted publicity; the right to live without any unwarranted interference by the public in matters with which the public is not necessarily concerned”.
Article 21 of the Constitution of India states that “No person shall be deprived of his life or personal liberty except according
A very fascinating development in the Indian Constitutional jurisprudence is the extended dimension given to Article 21 by the Supreme Court in post-Maneka era. The Supreme Court has asserted that Art. 21 is the heart of the Fundamental Rights. Article 21 has proved to be multi-dimensional. The extension in the dimensions of Art.21 has been made possible by giving a extended meaning to the word ‘life’ and ‘liberty’ in Article 21. These two words in Art.21 are not to be read narrowly. These are organic terms which are to be construed meaningfully.
The Supreme Court has asserted that in order to treat a right as a fundamental right, it is not necessary that it should be expressly stated in the constitution as a Fundamental Right. Political, social, and economic changes in the country entail the recognition of new rights. The law in its eternal youth grows to meet the demands of society.
Right to privacy is one such right which has come to its existence after widening up the dimensions of Article 21. The constitution in specific doesn’t grant any right to privacy as such. However, such a right has been culled by the Supreme Court from Art. 21 and several other provisions of the constitution read with the Directive Principles of State Policy. In this paper we will be discussing over a new dimension of Art. 21 that is the Right to Privacy and also the conflicts related to it.
Introduction
Before we get into a complete discussion of Right to Privacy first of all we need to know what does the word Privacy mean. According to Black’s Law Dictionary “right to be let alone; the right of a person to be free from any unwarranted publicity; the right to live without any unwarranted interference by the public in matters with which the public is not necessarily concerned”.
Article 21 of the Constitution of India states that “No person shall be deprived of his life or personal liberty except according
Bibliography: # Kharak Singh v. State of Uttar Pradesh AIR 1963 SC1295: (1964) 1 SCR 332 # Malak Singh v # AIR 1950 SC 27: (1950) SCR 88. # District Registrar and Collector v. Canara Bank, (2001) 1 SCC 496, 515: 2000 Supp (5) SCR 496. # United States v. Miller, 425 US 435 (1976) # AIR 1997 SC 568 # AIR 2008 AP 98 # AIR 1995 SC 264: (1994) 6 SCC 632: AIR 1994 SCW 4420. # 1963 AIR 1295 # (1994) 6 SCC 632, 649 : AIR 1995 SC 264 # AIR (1998) 8 SCC 296, 305-307 : AIR 1999 SC 495 # Articles.timesofindia.indiatimes.com/2012-10-12/india/34412221_1_rti-act-central-information-commissioners-privacy accessed on 16th feb, 2013 # Richard Clayton, Hugh Tomlison; Privacy and Freedom Of Expression, 2010 Edn (OxfordUniversity Press. 2010) # Poe vs # Abhinav Chandrachud, The substantive Right to Privacy: tracing the Doctrinal Shadows of the Indian Constitution, (2006) 3 SCC (J) # AIR 1950 SC 27