oppn parties Dear Government, Give us our Private Space

News Snippets

  • Centre asks states to give shelter and food to migrant workers to stop them from taking to the streets
  • RBI cuts repo rate by 75 bps, the steepest in 10 years
  • Centre writes to states regarding laxity in monitoring people who had arrived from abroad between January and March
  • Kerala reports a spurt in new cases
  • With 124 fresh cases on Friday, the number of reported cases in India stand at 854
  • Five of a family, including a 9-month-old-baby test positive for Covid-19 in Nadia district in West Bengal on Friday
  • The Pakistani army is reportedly forcibly moving all Covid-19 patients to PoK and Gilgit
  • Untimely azaans in J&K mosques spark panic gathering
  • Stocks rise - Sensex up by 1400 points and Nifty goes above the 8600 mark
  • Rahul Gandhi says the economic package is "the first step in the right direction"
  • The government announces wide-ranging measures to help the poor overcome the economic hardship caused by Covid-19
  • G20 leaders to hold a virtual meeting today to explore ways of fighting Covid-19 in a coordinated manner
  • The Delhi government orders testing of all medical staff after the positive test on a Delhi mohalla clinic doctor
  • As a fallout of a Delhi mohalla clinic doctor testing positive for Covid-19, 900 people in the chain quarantined
  • China offers help to India in the fight against Covid-19 and says India will win the battle at an early date
Death toll reaches 27 as Covid-19 cases across India reach 974 on Saturday
oppn parties
Dear Government, Give us our Private Space

By Sunil Garodia
First publised on 2015-09-25 12:17:07

About the Author

Sunil Garodia Editor-in-Chief of indiacommentary.com. Current Affairs analyst and political commentator. Writes for a number of publications.
As an Indian citizen, should your life be an open book? Or are you entitled to privacy? Any sane person will opt for the latter. But the question remains: privacy of what kind and till what extent?

The government does not seem to think that the right to privacy is guaranteed to Indian citizens by the constitution. Attorney General Mukul Rohatgi has told the Supreme Court that neither is a right to privacy part of any fundamental right guaranteed by the constitution nor are different Supreme Court orders on the subject clear enough to deduce the same. This is a very myopic view of the subject. Rohatgi has asked the court to examine the issue and spell out the “contours” of such a right by constituting a five judge constitutional bench for the purpose.

Let as for the moment forget about Article 21 and the various SC judgments on the subject. Let us think about law. First of all, law is not static â€" it evolves with time. Then, every law need not be expressly written into the statute books â€" some are inferred or deduced from other laws or rights, some come into being through court judgments while still others are common law. The evolvement of law takes place due to changing social mores, political thought, advances in technology and international covenants. If a right to privacy was not expressly written into the constitution, it was only because such sophisticated methods of keeping tabs on citizens were not present then. When the government was defending Sec. 66A of the I.T.Act in court, it has pleaded that new technology required new laws. Now it must similarly recognize that increasing interference in the lives of citizens and sophisticated gadgets available for the same means that the citizen also needs protection from any intrusion into his private world.

The government must be aware that rapid advances in technology â€" especially digital - mean that if it wants, it can keep an eye on each and every move of its citizens. This is not an acceptable situation in a democracy. Instead of denying the existence of a right to privacy and asking the court for clarification on the issue, the government should introduce an updated Right to Privacy bill (a bill was introduced in 2011 by Rajeev Chandrasekhar in the Rajya Sabha only to die a natural death and others were discussed in 2012, 2013 and 2014, without any seriousness) parliament to spell out the contours of how it wants to treat its citizens. It is upon our lawmakers to give us our private space. It is upon them to recognize the fact that without the right to privacy, the right to protection of life and personal liberty, as guaranteed under Article 21, is meaningless. It is upon them to rise above the narrow, constricted line of thought and show some vision in line with emerging thinking in progressive countries around the world.