Q12. Examine the scope of Fundamental Rights in light of the latest judgement of the Supreme Court on the Right to Privacy.

Model Answer:

Introduction

The scope of Fundamental Rights enshrined in the Constitution of India has been a pivotal aspect of jurisprudence, evolving with societal changes and judicial interpretations. The landmark Supreme Court judgment in Justice K.S. Puttaswamy (Retd.) v. Union of India (2017) significantly expanded the interpretation of these rights, particularly emphasizing the Right to Privacy as a fundamental right.

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Right to Privacy as a Fundamental Right

In the Puttaswamy case, the Supreme Court declared that the Right to Privacy is an intrinsic part of the Right to Life and Personal Liberty under Article 21 of the Constitution. This judgment affirmed that privacy is essential for the exercise of individual autonomy and dignity, which are foundational to a free and democratic society. The court underscored that privacy encompasses various facets, including personal data protection, bodily autonomy, and the right to make personal choices.

Implications for Fundamental Rights

The recognition of the Right to Privacy has significant implications for other Fundamental Rights, such as:

  1. Freedom of Expression (Article 19): Privacy influences the ability to express oneself without fear of surveillance or repercussion. The chilling effect of state monitoring can stifle free speech and dissent.
  2. Right to Equality (Article 14): Protecting privacy helps safeguard individuals from discrimination, particularly in sensitive matters related to personal identity, such as sexual orientation or health status.
  3. Right Against Exploitation (Article 23): Ensuring privacy can prevent exploitation through unauthorized data collection and misuse by both state and non-state actors.

Recent Developments

Following the Puttaswamy ruling, the government established the Personal Data Protection Bill, which aims to regulate the processing of personal data and protect individuals’ privacy. The bill, which is in the parliamentary process, reflects the judiciary's commitment to uphold and protect fundamental rights in the digital age.

Conclusion

The Supreme Court's ruling on the Right to Privacy has broadened the scope of Fundamental Rights in India, reinforcing their relevance in contemporary issues of technology and individual liberties. As society evolves, so too must the interpretation and application of these rights to ensure that they remain robust and relevant, providing protection and dignity to all citizens. 

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