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Fundamental rights are given under Part III of the Indian constitution. The right to privacy in the Indian constitution is a Fundamental Right A nine-judge bench of the Supreme Court recently delivered a landmark judgment in this regard, unanimously upholding the right to privacy as a fundamental right. The judgment is said to bring major changes, which had argued that privacy was not a fundamental right. In this article, we will provide an overview of the fundamental rights, what is right to privacy, and discuss the government’s steps to protect privacy in light of the Supreme Court’s judgment.
What are the fundamental rights?
The Fundamental Rights are a set of rights that have been recognized by the Constitution of India as necessary for the individual’s independence and well-being. These rights, guaranteed in Part III of the Constitution, are enforceable by the courts. Fundamental Rights are not absolute and are subject to reasonable restrictions.
Legal provision for fundamental rights under the Indian constitution
In a nutshell, our constitution provides for seven fundamental rights from Article 12- Article 32. It includes the Right to equality (Article 14 to 18), right to freedom (Article 19 to 22), right against exploitation (Article 23 to 24), right to religion (Article 25-28), right to cultural and educational rights (Article 29-30),, right to constitutional remedies (Article 32).
The right to equality (Article 14 to 18):
The right to equality includes two factors, the first is equality before the law and secondly equal protection before the law. It states that discrimination cannot be made on the basis of race, caste, sex, religion, place of birth.
Right to freedom (Article 19 to 22):
The right to freedom includes the right to life and liberty, right to live and settle in any part of the country, right to speak and express without restrictions, right to form groups of unions, right to move anywhere in the country without restrictions throughout the land of India, right to gather peaceably and without any arms, right to practice any profession or occupation and right to acquire, hold and dispose of the property.
Right against exploitation (Article 23 to 24):
The right against exploitation includes the right to be protected from traffic in human beings and forced labour. It also prohibits all forms of bonded or forced labour.
Right to religion (Article 25-28):
The right to religion includes the right to profess, practise, and propagate religion. It also provides for the right to manage religious institutions.
Right to cultural and educational rights (Article 29-30):
The right to cultural and educational rights includes the right to conserve one’s language, script, and culture. It also provides for the right of minorities to establish and administer educational institutions of their choice.
Right to constitutional remedies (Article 32):
The right to constitutional remedies is the most important right guaranteed by the Constitution. It gives the right to approach the Supreme Court for the enforcement of Fundamental Rights.
Right to Privacy in the Indian constitution
The right to privacy in the Indian constitution is not explicitly mentioned in the Constitution but has been held to be a fundamental right by the apex court of India. The right to privacy is a part of the right to life and personal liberty under Article 21 of the Indian constitution.
The right to privacy in India was first recognized by the Supreme Court in the case of Kharak Singh v. State of Uttar Pradesh. In this case, the court gave the judgement that the right to privacy is a part of the right to life and personal liberty under Article 21 of the Indian constitution. The right to privacy has been further recognized by the Supreme Court in the case of Gobind v. State of Madhya Pradesh. In this case, the court held that the right to privacy is a fundamental right.
The right to privacy has been further recognized by the apex court in the case of Justice K.S. Puttaswamy versus UOI. In this case, the nine-judge bench of the Supreme Court gave the judgement that the right to privacy is a fundamental right and cannot be violated for any individual.
Government Steps to Protect Privacy
The government has taken several steps to protect the right to privacy of citizens. The government has enacted the Right to Information Act, 2005, and the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 to protect the right to privacy of citizens. The government has also set up data protection laws to protect privacy.
Conclusion
In conclusion, the Fundamental Rights are enshrined in the Indian Constitution under Part III. It provides a robust legal framework to protect the rights of citizens. These rights are important for students as they ensure that they can access education and other basic services without discrimination. Students should be aware of their fundamental rights and how to exercise them if needed. If you have any questions about your rights or need help asserting them, please do not hesitate to contact us. Thank you for reading!
