Article

The Journey of Right to Privacy in India | Original Article

Richa Banerjee* Garima Mathur in Shriji Socio-Legal Journal | Law

ABSTRACT:

The democracy means the citizen’s government and victory of democracy will be considered if the citizen is able to live life with dignity enveloped in rights such as privacy, which is guaranteed to all regardless of ethnicity, language, gender, sexual orientation, religion, race, class or political views. The present paper is an attempt to show the journey of right to privacy as a fundamental right conferred by the constitution of India. The journey of the right initiated with a case in mid nineties and in 2017 it is declared as a fundamental right by the honorable supreme court of India. The various decisions ranged from right against continuous surveillance then DNA testing and reached up to right related to linking of adhaar card to each and every service that a person avails. Although right to privacy has been recognized by many judgments to be implicit under of the Constitution, but judiciary cannot create a new right so there is a strong need to adopt Right to Privacy as a fundamental right by the Parliament of India. The right to privacy is protected as an intrinsic part of the right to life and personal liberty under Article 21 and as a part of the freedoms guaranteed by Part III of the Constitution.

 

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