Right to Privacy - a Fundamental Right?

Privacy is not believed as a part of one’s fundamental right when it comes to Aadhar. But it suddenly becomes a part of one’s fundamental right when it comes to WhatsApp!

A magnificent feat of doublespeak!!

Right to Privacy should be interpreted as an absolute fundamental right. If people don’t care about the Right to Privacy because they have nothing to hide, it’s no different than saying you don’t care about freedom to speech because you have nothing to say!

Talking about Freedom of Press, it is implied under Freedom of Speech by the courts. Similarly, recognize what is actually there, privacy right exists but is in fetch of recognition.

Women laws exist but cries for recognition. In this world of digitalization, the right to individual freedom and privacy pleads to be elevated to level of fundamental rights under Part III of The Constitution. Elevating this right, will make its enforcement strong and effective, thereby people could access it as a tool against all evils.

Secrecy is not the basis of privacy, dignity is. It is more a "matter of dignity than secrecy". Declaring it as a fundamental right is first step towards ensuring accountability for coordinate and executive branches of government.

United Nations Declaration of Human Rights says and brings out the right to privacy, stating that everyone has the protection of law against such interferences or attacks.

Following illustrations like: going to bank, mall, kirana store whilst giving out our details, tapping of WhatsApp messages, voices or video calls, giving out our important documents for printout, duplicate sim card etc. clearly depict the growing importance of protecting our privacy even in day to day transactions.

"Change is the essence of life and development should come from within". In India where people are still struggling for basic amenities such as food, water, shelter, electricity, education, housing, health it’s difficult to implement and bring in, but not impossible.

We should ponder over this burning issue in 21st century where we are running in a bullet speed towards digital empowerment, so with Digital India also comes Digital Transparency in the form of " Right to Privacy”. And unlike other laws prevailing in our country this law should be in our spirit rather than on paper itself.

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This article has been written and subitted to Gola Tara by:

Prachi Agrawal

(Student)

Dr Babasaheb Ambedkar

College of Law, Main Branch.

Nagpur, India.