The Importance Of Privacy In India

1997 Words8 Pages

Hence, nearly every country in the world recognizes a right of privacy explicitly in their Constitution. At a minimum, these provisions include rights of inviolability of the home and secrecy of communications. Most recently-written Constitutions such as South Africa's and Hungary's include specific rights to access and control one's personal information. However, in many of the countries where privacy is not explicitly recognized in the Constitution, such as the United States, Ireland and India, the courts have found that right implicitly in other provisions , as evolved by the judicial decisions of the courts.
2.4: Right to Privacy- A National View Point
A question that often comes to my mind is that the draftsmen of the Indian Constitution …show more content…

For centuries, its citizens had been systematically subjugated and denied their civil liberties – not the least of which was personal privacy. It was also a time when the rest of the world was struggling to put World War II and all the inhuman excesses of the Nazis and Fascists behind them. One would imagine that at a time like this, the need to protect personal privacy would have been at the forefront of public discourse. And yet, despite the historical context in which it was framed, the Constitution of India, adopted on the 26th of January, 1950, contained no mention of a Fundamental Right to …show more content…

Bal Gangadhar Tilak, who declared, “Swaraj is my birth right”, and Annie Besant who started the Home Rule League in India, are said to be the inspiring leaders behind this Bill. The text of the Bill recognised that “Every citizen has in his house an inviolable asylum” – a simple articulation of the classic English notion of privacy – for every man his home is his castle and the State could not invade it without lawful and legitimate reason.
2.4.2: The Commonwealth of India Bill, 1925 - Under the Chairmanship of Sir Tej Bahadur Sapru, another Bill was drawn up for self-governance in India. Mahatma Gandhi, Bipan Chandra Pal and Sarojini Naidu were members of the Committee that put together this Bill. This Bill recognised that “Every person shall have the fundamental right to liberty of person and security of his dwelling and property.” The notion of privacy now extends to personal liberty and security for one’s property apart from one’s

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