Right to Privacy Act – Its Implication and Innuendos!
After 7 long decades of freedom, the docile and tolerant Indians have been given a right that should have been a part of our Constitution since day one.
In a historic judgment passed by the Supreme Court of India, under article 21 of the Constitution of India, the Right to Privacy has been declared as fundamental.
A bench was first set in 1954 and 1961 respectively to contemplate on inculcating the right to privacy into the Constitution, the Bench both times concluded that privacy wasn’t really that integral to our being and thus could not be declared fundamental.
In Aug 2017, a Bench of nine judges agreed unanimously that the Right to Privacy is integral to the growth of every individual; however, some restrictions will be imposed as and when needed.
However, if your privacy is being breached by law personnel, such breach of this law should be done under circumstances that are reasonable, just and explicit. The bottom line is that the Right to Privacy act makes it obligatory for the state to ensure the privacy of the citizens under all circumstances.
The first step to be taken is putting the restriction on data collection and having a robust system for data protection. The state must maintain an equilibrium between individual right and the state concerns which also implies that individual rights are fundamental but not absolute.
The inclusion of this right in the constitution is likely to strengthen people’s trust in digital services and their amplification according to common belief.
Some serious questions were raised against the Adhaar scheme that explicitly stores vital and crucial personal information of individuals. It is also being tested to determine whether a vigorous “data protection mechanism” is in place or not. However, it was clarified that Adhaar is crucial to the well-being of our economy as it was brought in action to eradicate corruption, money laundering and funding of deceiving nature such as terror funding.
To sum it up, whether this act will effectively be in action or it will frail due to the restrictions that the state is able to levy under certain circumstances, will be revealed in future only. Nevertheless, it is certainly a decision that validates the fact that Right to Privacy is a right that is fundamental to the free living that a democracy like India requires to develop further.