All citizens of India are granted the right to privacy by the Constitution of India, which deems this right to be everyone’s basic right. Although people understand the benefits of this right, they often, sometimes even unknowingly, infringe upon other people’s right to privacy. As such, they may face a lot of repercussions, including judicial action as per the provisions mentioned under the relevant Act(s) of the Constitution of India.
What is the Right to Privacy?
After several judgements were passed over the years, it has now been decided that right to life and liberty granted under Article 21 shall also include the right to privacy. To put it simply, the right to privacy grants an individual ‘the right to be left alone’.
Each citizen of the country has the right to protect the privacy of numerous aspects about themselves, including personal details, their family, marriage, procreation, motherhood, and pregnancy.
The right to privacy is a vital part of the legal infrastructure that aims to safeguard individuals from governmental and private actions that are bound to violate or threaten their privacy.
| More than 150 countries deem ‘the right to privacy’ as a basic right of their citizens. |
Article 12 of the Universal Declaration of Human Rights, 1948 and Article 17 of the International Covenant on Civil and Political Rights (ICCPR), 1996 safeguards individuals from any ‘arbitrary interference’ with their personal privacy, their family, home, correspondence, honor, and reputation.
Under Article 22, no individual with disability, irrespective of their place of residence or living arrangement, shall face any arbitrary or unlawful interference with their privacy, personal life, family, or correspondence or an attack on their character, honor and fame.
Article 21 states privacy rights to be a vital part of life and personal freedom rights; they are, however, not absolute. These rights are bound by certain limitations for purposes like preventing crimes and protection of the less-privileged, morality or other human rights.
If an instance arises where two rights contradict one another, you may review the latest judgments of the Supreme Court, which seems to consider basic rights as ‘water-tight compartments.’
While being a member of society often outweighs the individuality of each person, everyone needs their own private space for activities of their choice. As long as such activities are legally permissible, the State grants everyone the right to enjoy these private times.
What counts as Violation of Right of Privacy?
Obtaining information about an individual against their will through coercion or by force is considered as a violation of that individual’s right to privacy. When an individual’s information is shared to a wider audience or simply taken by someone else without their consent, their right to privacy is considered to be violated.
Discussing ‘Right to Privacy’ and Relevant Judgments
Right to privacy did not set off as a basic right in the Constitution of India. It was first mentioned for consideration in Kharak Singh’s case, that was related to the validity of some guidelines that allow surveillance of suspects.
With respect to Article 19(1), the right to privacy was again referred to by the Supreme Court in 1975. As part of a detailed decision by Jeevan Reddy J, it was held that right to privacy is indirectly suggested under Article 19(1), which grants the right to be left alone. As such, when it comes to surveillance, it can result in potentially violating the right to privacy and freedom to move freely granted by Articles 19(1)(d) and Article 21. Surveillance must be conducted only to prevent crimes and as per the materials provided in the history sheets.
Once it became a basic right of all citizens, the right to privacy became broad enough to invade anything that an individual might be involved in. It has become increasingly difficult to bestow this right to individuals in recent times due to the advancement of technology and growth of networking websites.
The scale of each individual’s right to privacy is quite subjective and may vary from person to person. This right has also been recognized in Section 43 of the Information Technology (IT) Act, 2000, which makes anyone making unauthorized access to computer resources liable to face repercussions for the same.
At times, the right to privacy may conflict with the right to express, which is a right extracted specifically from Article 19(1)(a). One person’s right to expression may conflict with the right to privacy of someone else.
A question that often arises after understanding the relation between the right to privacy and the right to express is which one shall prevail in case there is a conflict. The answer to this has been laid down extensively in the concepts of ‘public interest’ and ‘public morality’.
| If an individual’s information is published without their consent, it shall be justified if the information in question is crucial for public records. |
| Each case is unique, and each right is considered special. |
Right to Privacy – Permissible Restrictions
Intrusion of the right to privacy shall be permissible under a legal provision, administrative/executive order and judicial orders.
Intrusion of an individual’s right to privacy by the provisions of any legislation shall be permissible if the legislation is found to be reasonable and necessary for public welfare.
- Administrative/Executive Order
If someone’s right to privacy has been violated as a result of some administrative or executive order, it shall only be permissible if they have genuine concerns behind doing so.
The Courts must be satisfied with the reasoning provided before issuing a judicial order, like search and seizure, that allows invasion of an individual’s right to privacy.
Privacy Rights of Convicts
The right granted by Article 21 also protects prisoners in jail. Just because they have been convicted, prisoners shall not be deprived of the rights that they would otherwise enjoy. After being convicted and put into jail, an individual’s right to freedom is taken away as they are not allowed to move freely as per their choice. However, the right granted under Article 21 shall not be taken away from such individuals. They may enjoy their life and personal liberty unless it is taken away through an established legal procedure.
Section 66E of IT Act
Under Section 66E of the IT Act, an individual’s right to privacy is considered to be violated if someone intentionally takes, publishes or broadcasts an image of the individual’s private body parts, be it with or without undergarments, without their consent.
Punishment for such violations of privacy are imprisonment for up to 3 years, a fine up to INR 2 lakhs or both.
Conclusion
Unless you get the consent of an individual, it is advised to refrain from sharing any personal information about them as it can result in a violation of their right to privacy. Although violations are permissible under certain circumstances, they usually result in the violator facing severe repercussions, such as imprisonment, fines or both.
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