The Fundamental Right to Privacy

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We were not yet done hailing for the Supreme Court‘s verdict on the Triple Talaq issue on 22nd of August 2017 winning majority, and it happened so on Thursday, 24 August 2017 that the Judiciary of India achieved its momentous glory and landmark on declaring that all persons in India have an intrinsic fundamental right to privacy. The more rejoice-able fact is that in the earlier case the victory was attained in the ration 2:3 whereas in the latter one it happens to be 0:9.

What does Right to Privacy mean?

The concept that gives birth to a primary fact that a person has all right to sustain his personal dignity and devoid himself of any kind of publicity or outside intrusion. The Right to Privacy is as needed and vital as any other right to freedom or right to equality.

On the verdict day, the Supreme Court largely quoted out Amartya Sen‘s words, “Criticism and critique lie at the core of democratic governance. Tolerance of dissent is equally a cherished value. In deciding a case of such significant dimensions, the court must factor in the criticisms voiced both domestically and internationally.”

This journey to a broader freedom of India had not been smooth at all. Started past in 2012 over the dilemma of Aadhaar scheme, the toiling has come a long way to meet the jocund judgement. Right to Privacy now rules all your privileges of choices putting the implementations of Aadhaar aside; broadly, few of them are briefly discussed here –

  • Food– We all have our personal likes and dislikes over the selection of what we want to eat and some authority interfering in the matter does seem really disgusting then let it be bananas or beef, tea or alcohol especially in a country where much stress must be laid on few people being not able to eat anything at all. Fortunately, we now have the freedom to eat.
  • Euthanasia– Who didn’t get goosebumps on going through the heart-wrenching case of Aruna Shanbaug? Though the government has only permitted passive euthanasia in rarest of situations, after the implementation of the right to privacy, a brighter hope can be seen in this regard too.
  • Homosexuality– The country is stereotyped under the dark clouds of misjudgment towards the LGBT community making their life miserable. Just a matter of orientation and we forget humanity, we forget we are the same. It might be said that the greatest deal of alleviation is done to them by this act. The court commented that the rights of LGBT people were not charity. “Their rights are not so-called but real rights founded on sound Constitution doctrine….They dwell in privacy and dignity. They constitute the essence of liberty and freedom. Sexual orientation is an essential component of identity.”
  • Abortion– A woman is empowered with all the right to decide whether she is ready for a child or wish to abort her pregnancy. This must be something regarded as their exclusive choice. We must take this privilege to honour the sad plight of the young girl of 10 whose appeal was detained by Supreme Court recently.

 

Undoubtedly, it has been a historic week for the Supreme Court, with such verdicts assuring India’s lead into modernisation and affirming the Indians’ faith in its law and judiciary with a ray of safety in their hearts.

 

 

Sushmita firmly believes in her motto “Write like no one else will ever read you” and encourages the same to everyone.

Aspiring to create something brilliant and a prominent work of literature in the near future, she prioritises moulding style and emotions into words, at the same time, exalting thoughts and feelings above expressions.

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