Everyone should enjoy the
right to privacy
Many are surprised
by the Attorney General’s contention in the Supreme Court that privacy is not a
fundamental right. According to AG, making people part with personal data was
not an intrusion into their privacy, and said that there is a need to defend
the Aadhaar scheme.
Privacy is now
seen as an ingredient of personal liberty. Identifying citizens for providing
various services, maintaining security and crime-related surveillance and
performing governance functions, all involve the collection of information. In
its zeal to aggregate data in electronic form and target subsidies better, the
government cannot ignore its responsibility to protect citizens from the perils
of the cyber era.
If government
believes "right to privacy" is not a fundamental right it should
amend the constitution to make it one. Privacy
should be declared as fundamental right to every citizen and the privacy can be
breached only by the law enforcing authorities after due notice and warrants in
accordance with the law if any private citizen is found to be involved in
serious offences and activities prejudicial to national security. Certain
rights like right to privacy are implied and unstated.
Our Indian
bureaucrats who control the rulers, whatever be the party in power, would not
allow our nation to become a mature democracy like Swiss, Belgium, or Norway or
Sweden. The politicians become victims to these self-serving bureaucrats and
demean the entire society itself by declaring, without any inhibition, before
the Court that Indians do not have any right to privacy. Government definitely
needs the detail information of the people, but it is the sole responsibility
of the Government to protect that information and to do this government has to
make a law.
In the judgement
of 1960's/70's the Supreme Court ruled that even a woman of 'easy virtue' has
an expectation of privacy in her personal space and said privacy cannot be
invaded without following the due procedure as established by law. Therefore as
long as the government evolves a proper legal structure there should be no bar
to the collecting of personal information.
Protecting data
from misuse is of utmost importance and government agencies responsible need to
be held accountable for safeguarding the interests of its citizens.
It is unfortunate
that today media is exposing the private lives of prominent people as if they
don't have personal life. There must be a line between what is public life and
private life of each and every citizen basing on their role, position and
status. If investigation authorities collect information unlawfully about the
personal details of anyone, then the privacy will be violated. Naturally, what
is privacy? to what extent it is protected, when it is violated? – all these
things have to be discussed.
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