Right to Privacy UPSC NOTE

 Why in News

  • Relationship by marriage does not eclipse the right to privacy under the Aadhaar Act.

  • Personal data of one of the spouses stored in Aadhaar cannot be disclosed at the instance of the other spouse without hearing the spouse whose information is sought, said the High Court of Karnataka.

  • A woman in Karnataka, owing to matrimonial dispute, had sought her husband’s Aadhaar data under RTI Act.

  • The wife, owing to a matrimonial dispute, had approached court in Hubballi seeking maintenance from the husband.

    Right to Privacy

  • The right to privacy in India has been a subject of ongoing debate and discussion for many years.

  • While the Indian Constitution does not explicitly mention the right to privacy.

  • The Supreme Court has recognized privacy as a fundamental right through various judgments.

Historical Background

  • The concept of privacy has been recognized in India since ancient times. 

  • The Vedas, the oldest Hindu scriptures, emphasize the importance of individual autonomy and freedom from intrusion

  • The concept of 'anavastha', or freedom from unreasonable search and seizure, is also enshrined in ancient Hindu texts.

  • In the modern era, 1954, the Supreme Court ruled that the right to privacy is implicitly protected under Article 21 of the Constitution, which guarantees the right to life and personal liberty. 

A Landmark Judgment

  • A significant development occurred in 2017 when the Supreme Court unanimously held in the Aadhaar judgment that the right to privacy is a fundamental right. 

  • This judgment was based on a wide range of factors, including the growing importance of privacy in the digital age, the increasing collection and use of personal data by governments and private entities, and the potential for misuse of this data.

The Scope of the Right to Privacy

  • The Supreme Court has not yet definitively determined the full scope of the right to privacy in India. 

  • Protection from unreasonable search and seizure: This includes the right to be free from unwarranted intrusions into one's home, personal belongings, and communications.

  • Protection of personal information: This includes the right to control one's personal data and to prevent its unauthorized collection, use, or disclosure.

  • Protection of individual autonomy: This includes the right to make personal decisions without undue interference from the state or others.



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Learnerz IAS | Concept oriented UPSC Classes in Malayalam: Right to Privacy UPSC NOTE
Right to Privacy UPSC NOTE
Learnerz IAS | Concept oriented UPSC Classes in Malayalam
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