Author(s): Rupinder Kaur


DOI: 10.5958/2454-2687.2018.00029.1   

Address: Rupinder Kaur
Research Scholar, Department of Law, Punjabi University, Patiala.
*Corresponding Author

Published In:   Volume - 6,      Issue - 3,     Year - 2018

Privacy is an issue of profound importance around the world. In nearly every nation, various statutes, constitutional rights and judicial decisions seek to protect privacy. In the constitutional law of countries around the globe, privacy is enshrined as a fundamental right. India is a signatory to the Universal Declaration on Human Rights 1948 (Article 12) and the International Convention on Civil and Political Rights (Article 17) which recognize privacy as a fundamental right. Though a member and signatory of these conventions, India does not have laws which guarantee a right to privacy to its citizens. There is no express mention of ‘privacy’ in the provisions of the Constitution of India. In M.P Sharma, the question of law was related to right to property. The court has not rejected privacy but it rejected in the context of search and seizure of documents. Kharak Singh is related to surveillance powers of the police under UP Police Regulations under Article 19(1) (d) and Article 21.Article 21 is a constitutional right against state and not between individuals. The differences lie in the standard for justifying an infringement. The court insisted upon the far higher standard of compelling State interest. The state has the power to intrude to maintain a free and democratic society. It is submitted that the Supreme Court ought not to allow state or central government’s actions on assertion a national security interest and compelling state interest. The privacy is now recognised as part of Article 21 of the Constitution the case of Justice Puttaswamy (Retd.) and Ors. v. Union of India. If there is infringement while there is surveillance, the individual may seek constitutional remedies for violation of its right.

Cite this article:
Rupinder Kaur. Surveillance and Privacy: A Ramification of Article 21. Int. J. Rev. and Res. Social Sci. 2018; 6(3):284-290. doi: 10.5958/2454-2687.2018.00029.1

Recomonded Articles:

Author(s): Gopal Krishan

DOI: 10.5958/2454-2687.2019.00036.4         Access: Closed Access Read More

Author(s): Akanksha Singh, Sharan Chawla

DOI: 10.5958/2454-2687.2019.00028.5         Access: Closed Access Read More

Author(s): Himanshu Dhandharia

DOI: 10.5958/2454-2687.2019.00026.1         Access: Closed Access Read More

Author(s): Roy Bibhas, Dan Amitabha, Pasi A R, Jalaluddeen M, Kunal Kanti De

DOI:         Access: Open Access Read More

Author(s): Vishakha Sakharkar

DOI:         Access: Open Access Read More

Author(s): Abhay Sinha

DOI:         Access: Open Access Read More

International Journal of Reviews and Research in Social Sciences (IJRRSS) is an international, peer-reviewed journal, correspondence in....... Read more >>>


Popular Articles

Recent Articles