Right To Privacy Under Article 21 and the Related Conflicts
A very fascinating development in the Indian Constitutional jurisprudence is the extended dimension given to Article 21 by the Supreme Court in post-Maneka era. The Supreme Court has asserted that Art. 21 is the heart of the Fundamental Rights. Article 21 has proved to be multi-dimensional. The extension in the dimensions of Art.21 has been made possible by giving a extended meaning to the word ‘life’ and ‘liberty’ in Article 21. These two words in Art.21 are not to be read narrowly. These are organic terms which are to be construed meaningfully.
The Supreme Court has asserted that in order to treat a right as a fundamental right, it is not necessary that it should be expressly stated in the constitution as a Fundamental Right. Political, social, and economic changes in the country entail the recognition of new rights. The law in its eternal youth grows to meet the demands of society.
Right to privacy is one such right which has come to its existence after widening up the dimensions of Article 21. The constitution in specific doesn’t grant any right to privacy as such. However, such a right has been culled by the Supreme Court from Art. 21 and several other provisions of the constitution read with the Directive Principles of State Policy. In this paper we will be discussing over a new dimension of Art. 21 that is the Right to Privacy and also the conflicts related to it.
Before we get into a complete discussion of Right to Privacy first of all we need to know what does the word Privacy mean. According to Black’s Law Dictionary “right to be let alone; the right of a person to be free from any unwarranted publicity; the right to live without any unwarranted interference by the public in matters with which the public is not necessarily concerned”.
Article 21 of the Constitution of India states that “No person shall be deprived of his life or personal liberty except according to procedure established by law”. After reading the Article 21, it has been interpreted that the term ‘life’ includes all those aspects of life which go to make a man’s life meaningful, complete and worth living.
Like everything mankind has ever achieved, there has been a positive and a negative side to it. Technology has invaded every part of our lives whether the invasion was desired or not, we cannot be sure whether what we say has been heard by a third party as well whether that was desired or not. The proverbial Hindi saying of even walls having ears has never rung truer. The principle of the world today can be: whatever you may do, the world will get to know before you realize, ask a certain Tiger Woods about it.
In the earlier times in India, the law would give protection only from physical dangers such as trespass from which the Right to Property emerged to secure his house and cattle. This was considered to be the Right to Life. As the ever changing common law grew to accommodate the problems faced by the people, it was realized that not only was physical security required, but also security of the spiritual self as well as of his feelings, intellect was required. Now the Right to Life has expanded in its scope and comprises the right to be let alone the right to liberty secures the exercise of extensive civil privileges; and the term “property” has grown to comprise every form of possession — intangible, as well as tangible.
The strategy adopted by the Supreme Court with a view to expand the ambit of Art. 21 and to imply certain right there from, has been to interpret Art.21 along with international charters on Human Rights.
The Court has implied the right of privacy from Art.21 by interpreting it in conformity with Art.12 of the Universal Declaration on Human Rights and Art.17 of the International Covenant on Civil and Political Rights, 1966. Both of these international documents provide for the right of privacy.
...In this report I am going to talk about the rights people have to privacy and about the laws that go with privacy. Privacy is the thought that information that is confidential that is disclosed in a private place will not be available to third parties when the information would cause embarrassment or emotional distress to a person.
The right of privacy is limited to people who are in a place that a person would reasonably expect to be private such as home, hotel room and even a telephone booth. People think they should be protected by privacy when the conversation is private and should not be heard by others, and the same with going through a persons person things.
In the history of privacy laws legal concepts like ownership of real property and contracts originated many years ago now are in law. The right to privacy has now gotten legal recognition and is an evolving area of law.
Early invasions of privacy could be treated as trespassing, assault, or eavesdropping. A reason that privacy is not seen as a fundamental right is that most modern invasions of privacy are with new technology. Before they invented of certain things a person could be certain that their conversation is in private. Before the invention of computer databases, a person might invade another...
...The Right to Privacy
The Right to Privacy by Ellen Alderman and Caroline Kennedy involves many different issues, from drug tests and school searches to workplace and technology issues. To make their points Alderman and Kennedy have chosen interesting sometimes maddening cases involving everything from illegal strip searches by the Chicago police to questionable workplace psychological testing. People have different reactions to these issues and Kennedy and Alderman just don't have the solution that is right for everybody. Their goal is to make people more aware of the problem, of the value of privacy and of what we risk losing. In addition, the more people that know about their rights, the better informed they are, then the more likely they are to participate in the process and in the public debate. They hope to get people thinking about these issues, especially in the area of computers and information technology, where we are at a crossroads. It's important for them to see what they have done about privacy issues in the past and decide whether that has been satisfactory or whether they want to do more.
The word “privacy” does not appear in the United States Constitution. The most explicit section of the Constitution involving privacy is the Fourth Amendment, which prohibits unreasonable search and seizure and has been...
...HUMAN RIGHTS AND RIGHT OF PRIVACY
Prasanta Kumar Dey
“Civilization is the progress towards a society of privacy. The savage’s whole existence is public ruled by law of his tribe. Civilization is the process of setting man free from men” - Ayn Rand : The Fountain head, 1943.
The idea of privacy is as old as Bibalical notion of creation of progenies on earth. Even Adam and Eve tried to hide their nudity with leaves. Privacy is vital to the mental spiritual and physical well being of all individuals and also to the morality and personality of individual . It is necessary for a secure relationship between individual and individual whether it is between man and wife, son and father or a friend and friend. In other words it concretizes interpersonal relationships of love, friendship and trust .
Human Rights are such rights which are available to every person because he is a human being. Whatever may be his nationality, sex, race, profession, social and economic status. The term ‘Human Rights’ denotes all those rights which are inherent in our nature and without which we can not live as human being . It is claimed that human rights being eternal part of the nature of human rights are essential for individuals to develop their personality, their human qualities, their intelligence,...
Civil liberties are vital and valuable for the American society. The right of privacy is one of the most important rights that a person can have as an individual. The bill of Rights does not have an amendment that mentions a right to privacy, however “the first Congress had the concept of privacy in mind when it crafted the first 10 amendments” (Edwards, Wattenberg, & Lineberry, 2008, p. 131). “Today, one of the greatest debates concerning American’s civil liberties lies in the emerging area of privacyrights” (Edwards, Wattenberg, & Lineberry, 2008, p. 130). Abortion is a topic of controversy, and I decided to write about abortion because abortion is the perfect example to describe a civil liberty. As a couple has the right to family plan, they also have the right to whether have a baby or practice an abortion. Abortion means the interruption or termination of pregnancy.
“The idea that the Constitution guarantees a right to privacy was first enunciated in a court case in 1965, in which a family violated a Connecticut law by disseminating a birth control device” (Edwards, Wattenberg, & Lineberry, 2008, p. 132 ). Pro-life believes in one of the most important American values, which is life and their opinion is that abortion should not happen because that means talking someone’s...
...The Right of Privacy is one of the broadest yet most controversial rights we have, but it is not specifically in the U.S. constitution. There are however, a few Amendments that are the key to defining the right of privacy with the most important consisting of the 1st, 3rd, 4th, 5th, 9th and the 14th. Cases taken to the Supreme Court are also a substantial part of the Right of Privacy in a more specific way in which the highest courts of the United States decide upon the most controversial cases. There are many topics that come with the Right of Privacy such as abortion, religion, sex, sexuality, unlawful searches and medical decisions. These topics can lead to endless debates and every individual will have their personal opinions on them.
The First Amendment of the U.S. constitution addresses basic individual rights such as freedom of the press, speech, religion and peacefully complaining to or asking for assistance from the Government without worry of consequences for doing so. It covers most topics in the Bill of Rights and is essential to any individual’s liberty in the United States. The First Amendment shapes what the rest of the Bill of Rights purpose is. An Amendment that favors the public and is the deciding factor in a lot of court cases is the Fourth. This amendment states that unreasonable...
...The PrivacyRights of Individuals
Privacy can be defined in many ways, depending on one’s perspective, including the right to be left alone, free from intrusion or disturbance in one’s private life. Although everyone agrees that this is an important right that should be protected by governmental laws, the extent of one’s right to privacy has often been a matter of debate in the court system of the United States. There is vast disagreement concerning how far the government should go to protect an individual’s right to privacy. The United States is a large melting pot of cultures, races and ideas, which often lead to a differing of opinions in term of what should be the norm due to ethical and moral difference between individuals. This paper will present court cases that deal with the privacyrights of individuals as they relate to the areas of homosexuality, drug testing, birth control and the right to die.
An individual’s right to sexual privacy, including homosexuality, is an issue that has been brought before the courts repeatedly. Bowers v. Hardwick is a landmark case fought in 1986 that tested the boundaries of sexual rights. Hardwick was charged with committing consensual sodomy in the privacy of his bedroom with another adult male. He...
...The right of privacy pertaining to abortion is not specifically stated in the constitution although in varying contexts the Court Justices have indeed, found at least the roots of that right in the first, fourth, fifth, and ninth amendments, and in the concept of liberty guaranteed by the fourteenth amendment. The whole concept of right of privacy and the controversy surrounding it stems from the decision in the U.S. Supreme Court Case of Roe vs. Wade in 1973.
In March of the year 1970 a single woman by the name of Norma McCorvey (Jane Roe) challenged the Texas abortion laws that make it a crime to procure an abortion unless the abortion is medically advised for the purpose of saving the life of the mother. She sought a declaratory judgment that the Texas criminal abortion statues were unconstitutional and an injunction restraining the defendant from enforcing the statutes. These criminal abortion laws were originally put in place because of three reasons that had up to this point justified their continued existence. The first reason was a product of Victorian social concern to discourage illicit sexual conduct. A second reason was the danger of the abortion procedure. Laws were put in place to protect a pregnant mother from this dangerous process. The third reason is the protection of prenatal life. It was believed that a new human life is present from the moment of conception. Norma McCorvey...
August 5, 2013
Justin Ellsworth was a Marine that gave the ultimate sacrifice for his country. Many service men and woman would agree that the fight continues even after death. For the deceased the fight may be over and they could finally rest in peace, but what is left behind when a death is so sudden and not expected. Justin Ellsworth left many wondering what might have been his last words, his last eventful moments perhaps a significant other left behind. His parents wondering this requested for Yahoo to release Justin’s privacy to them. As a company that is protected by laws Yahoo decided not to release Justin’s email credentials to his parents. Only after going through court did Yahoo receive a court order to release Justin’s email information to his parents.
The Right to privacy by definition “is the human right and an element of various legal traditions which may restrain both government and private party action that threatens the privacy of individuals.” The right to privacy protects us from others invading our space. Americans especially are fond of their privacy, and are proud of the power of allowing others into their space when one feels ready. Human beings are naturally defensive when their privacy is being violated, and will quickly close all doors when...