Right to privacy=Right to personal liberty | Important Acts and Laws for Judiciary Exams PDF Download

History of Right to Privacy in India

Privacy is a crucial aspect that allows individuals to seclude themselves and selectively share information. It is essential for personal decision-making and the formation of one's identity. However, with digital advancements, privacy has become increasingly threatened.

In India, the right to privacy has been a subject of legal battles to establish it as a fundamental right. Over the years, landmark cases have shaped the understanding of privacy rights in the country.

MP Sharma vs Satish Chandra 1954:

• Involved a case related to the search of documents of Dalmia group companies.
• The court did not delve deeply into privacy concerns, stating that search and seizure powers are crucial for social security.

Kharak Singh vs State of U.P 1962:

• Highlighted issues of state surveillance infringing upon privacy rights.
• The court ruled that while privacy was not explicitly a guaranteed constitutional right, certain surveillance measures were deemed unconstitutional.

In 2017, a significant turning point occurred with the Supreme Court recognizing the right to privacy as a fundamental right under Article 21. This decision overturned previous judgments that had not acknowledged privacy as a constitutional right.

Today, the right to privacy is safeguarded as an integral part of the right to life and personal liberty in India's constitutional framework.

The Progress in Privacy Rights

• The concept of the Right to be forgotten falls under the umbrella of privacy rights. With technological advancements, this right has gained significance in the Indian legal framework, extending beyond physical privacy to encompass digital privacy.
• In the current digital age, the widespread use of the internet has made personal information vulnerable to exploitation, highlighting the necessity of such rights for individuals.
• Essentially, the Right to be forgotten empowers individuals to request search engines to permanently erase their data or information from online databases.
• The legal roots of this right can be traced back to landmark judgments by the Karnataka and Kerala high courts.
• While acknowledging the importance of the Right to be forgotten, it is crucial to balance it with the right to freedom of speech and expression. This balance is essential because solely focusing on removing information from search engines may impede the broader right to access information and express oneself freely.

Conclusion

While the idea of the right to privacy may seem challenging to envision in contemporary times, it is not beyond attainability if pursued diligently. Similarly, if the journey to establish this right as a fundamental one has been long, then efforts can also be made to achieve digital privacy.