RIGHT TO PRIVACY

1. Context

The Supreme Court on Monday held that courts cannot impose bail conditions that require accused persons to share their location on Google Maps. A Bench comprising Justices Abhay S Oka and Ujjal Bhuyan also held that in cases where the accused is a foreign national, courts cannot demand a “certificate of assurance” from relevant Embassies or High Commissions that the accused will not leave the country

2.What is the Right to privacy?

The Right to Privacy is a fundamental right that protects an individual's personal information from being disclosed without their consent. It encompasses various aspects, including the right to be left alone, control over personal data, and protection from unauthorized surveillance or intrusion

In many countries, the right to privacy is enshrined in the constitution. For instance, in India, the Supreme Court declared it a fundamental right under Article 21 (Right to Life and Personal Liberty) in the landmark judgment of Justice K.S. Puttaswamy (Retd.) vs. Union of India (2017)

The right to privacy is a fundamental human right and legal concept that protects individuals from unwarranted intrusion into their personal lives, affairs, or information. It encompasses several key aspects:

Personal information: Protection of an individual's personal data and control over how it's collected, used, and shared.
Physical privacy: The right to have personal space free from intrusion, such as in one's home or private property.
Communication privacy: Protection of personal communications, including phone calls, emails, and other forms of correspondence.
Bodily privacy: The right to make decisions about one's own body and medical treatments without interference.
Territorial privacy: Freedom from surveillance in public and private spaces.
Information privacy: Control over the collection, use, and dissemination of personal information.

The right to privacy is recognized in various international human rights documents, such as the Universal Declaration of Human Rights, and is enshrined in many national constitutions and laws. However, the extent and interpretation of privacy rights can vary between jurisdictions

3. What are the constitutional provisions related to the Right to Privacy?

The Right to Privacy, while not explicitly mentioned in many constitutions, is often derived from broader fundamental rights and principles. In India, the Right to Privacy has been recognized through judicial interpretation and is now considered a fundamental right.

Article	Provision	Explanation
Article 21	Right to Life and Personal Liberty	States that "No person shall be deprived of his life or personal liberty except according to the procedure established by law." The Supreme Court in Justice K.S. Puttaswamy (Retd.) vs. Union of India (2017) held that the Right to Privacy is an intrinsic part of the Right to Life and Personal Liberty under Article 21
Article 19(1)(a)	Freedom of Speech and Expression	Guarantees the freedom of speech and expression. Privacy is linked to this right as it is essential for the effective exercise of this freedom.
Article 19(1)(d)	Freedom of Movement	Guarantees the right to move freely throughout the territory of India. Privacy is essential for the exercise of this right, ensuring individuals can move without unwarranted intrusion.
Article 14	Right to Equality	Guarantees equality before the law and equal protection of the laws. The Right to Privacy is seen as necessary to protect the dignity and autonomy of individuals, which are essential aspects of equality.

Judicial Interpretations and Their Contributions:

Case	Year	Contribution
Kharak Singh vs. State of Uttar Pradesh	1963	The Supreme Court first recognized the concept of privacy, though it did not explicitly declare it a fundamental right
Gobind vs. State of Madhya Pradesh	1975	The Court acknowledged that the right to privacy is a part of personal liberty under Article 21, though it was not given definitive recognition
Justice K.S. Puttaswamy (Retd.) vs. Union of India	2017	The Supreme Court unanimously declared that the Right to Privacy is a fundamental right, protected under Articles 14, 19, and 21 of the Constitution. This judgment overruled previous contradictory rulings and firmly established privacy as a fundamental right

4.Way Forward

While the fundamental principles of granting bail—ensuring the accused’s presence during trial and preventing tampering with evidence—remain the same, foreigners typically face stricter bail conditions due to higher perceived flight risks and complexities in legal jurisdictions. The court aims to balance these factors while ensuring justice and fair treatment

For Prelims: Indian Polity and Governance

For Mains: GS-II: Polity, Constitution

Previous Year Questions

1.‘Right to Privacy’ is protected under which Article of the Constitution of India? (UPSC CSE 2021)

(a) Article 15

(b) Article 19

(d) Article 29

Answer (c)

The Right to Privacy in India is protected under Article 21 of the Constitution of India. This was explicitly established by the landmark judgment of the Supreme Court of India in the case of Justice K.S. Puttaswamy (Retd.) v. Union of India in 2017

Mains

1.Examine the scope of Fundamental Rights in the light of the latest judgement of the Supreme Court on the Right to Privacy. (UPSC CSE 2017)

Source: Indianexpress

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RIGHT TO PRIVACY

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