Privacy is the fountainhead of all other rights.
Some thoughts other than essay…….
God has created many weapons to take away life to stabilize population or don’t wish to make man more powerful by immortality. Natural hazards, diseases, accidents, and so on, but humans are more creative than god, and created new way….that is human.. one human killing other human is not in God’s list, but created by human.
Essay starts here ………….
Supreme court in puttuswamy case gave a historical judgment , declared privacy Isa fundamental right. For many it is like some important judgment , but it’s consequences are far fetched, unimaginable, take the society to the next level. Judgment declared privacy is fundamental to existence, natural right, without privacy, no life in life itself. Privacy includes bodily integrity and part of right to life under article 21, and without privacy, dignity of person would get effected. However privacy is the fountainhead of all other rights need in depth analysis.
Privacy is individuals private life which should not intruded by state, social and political institutions or social norms. It is not merely hiding personal life. It has broad meaning and scope. It means bodily integrity, one can have right to abort if one does not wish, one can use it for surrogacy, one have right to die -euthanasia, one can have sex with same gender, one is not forced to give fingerprints or iris images, one have freedom to eat food what one wishes, one can practice the religion one likes.
Privacy is fundamental to human existence. Since ages people give lot of importance to it. Clothes, houses, laws were emerged to protect privacy. After certain age even a father would not enter to girls room to respect her privacy. In the family also after certain age, so many norms to protect individual privacy like separate rooms, and not involving in decision making and let children decide their future.
However open and transparent one maybe, there are certain things are personal to individual which would not be shared by anyone , they may be dark secrets or personal achievements. Those things would not come out only with privacy. Ayan Rand , an anarchist said , in the society no state is bothering about biggest minority in the world, that is individual. Many incidents reveal the violation of privacy. Stripping women private parts on the name of security, doctors disrespect women in the name of duty, many sexual violence cases in buses, offices, other public places , celebrities personal life disturbed by privacy violation, many applications in the name of free services taking access to data, state monitoring and surveillance on individuals, attacks on Dalits who eat non veg like beef, are some examples how privacy of individual perturbed.
There is no doubt that privacy is inalienable right however can we say privacy is source of all other rights. Other rights like right to equality, freedom of speech, life with dignity, non discrimination, freedom of religion, right to eat food, education, were depend on right to privacy.
Right to equality is fundamental and natural right. Only with equality , people can live with dignity and get equal opportunities. If we consider privacy is a elitist affair, and poor people will not worry about it , it would be himalyan mistake , that was reiterated by supreme court in puttuswamy case also. If privacy of poor people not respected , and their life in the bed room publicized how right to equality ensured??
Right to freedom is crucial. If state has survalinace on people who are against it, or continuous monitoring of it constructs pricacy and which in turn imapcts freedom of speech. Freedom of choice also comes from privacy. Recent supreme court judgment on khap Panchayat and consider adult consent is alone sufficient to marriage also comes from privacy as fundamental to all other rights. Right to food , whether one can have beef or not also derives from privacy. When govt tried to ban porn, huge outcry also reveal one can’t dictate terms to couple what can get watch or take away their privacy to watch porn again reflects how privacy enjoins freedom of speech and expression.
Freedom of speech also include freddom of not reveal ones personal information. However many people try to intrude life of celebrities , and fix camaras to capture their personal details, their phones taped to listen conversations . These privacy violations also means deprivinf freedom of speech indirectly.
Right to life and privacy are correlated. Right go die also comes under right to privacy, if privacy is not respected we can’t allow passive euthunisia. Recently supreme court also allowed passive euthunisia and invented living document. This judgment must see from puttuswamy case , where privacy bexame part of article 21.
As a part of right to privacy , abortion also made legal out of women privacy on her body. In a famous judgment in u.s.a, court said, state can’t take away women body integrity , and her privacy is more valuable than death child.
If privacy is fundamental, how section 377 of IPC will stand out?? One should not bother what two adults do in their bed room, it may go against some cultural norms, but privacy right is above culture and norms. Govt is trying to make law on surrogacy, however in the context of privacy judgment it may not withstand judicial scrutiny.
Data about person means extension of character and securing it is needed to protect the dignity of person. However recent revelations by Snowdon, and Cambridge analytica show that how our personal data misused. While using apps, or filling forms we give so much data , but we don’t know how that data is used. By using that data , one can threaten others life, so privacy violation impacting right to life.
Right to freedom of faith is fundamental to humans and for India it is a lifeline. By treating freedom of faith is a personal affair and respecting it is crucial for protecting our diversity. Again here privacy matters. Supreme court in puutuswamy case said that right to privacy is crucial to protect diversity, personal intimacy, family, and sexual oreintation. So privacy is linked with diversity, because by respctingreindividual privacy of doing different things, encouraging different thoughts , diversity would come out.
Right to life means right to make choices. Children many times were deprived of their privacy while deciding their future and some parents induldge in sexual violence against their own children , violation of privacy. Some child porn websites also violation of privacy which is banned by govt. If privacy is not recognized , right of children to live would be violated.
However other side of argument is privacy is not a fountainhead of all rights. Aadhar is crucial for good life of people by reducing corruption, effective targetting, however in the name of privacy , some vested intersteitrying to make aadhadr against right to privacy. In a way obstructing right to good life under article 21.
Any right need to have certain restrictions , which reitrstdd in supreme court puttuswamy judgment, but now privacy is obstructing many other rights. Privacy constructed govt to ban porn which is detrimental to society.
Data is needed to do research and design policy, example railway data helped to find out migration patterns , if on the name of privacy , data is not procured how.can we design policies and do research which is crucial to have dignified life.
Euthanisia, abortion, surrogacy,prostitution protect privacy and autonomy on body but violation of other rights like right to life , in abortion killing a person.
Privacy many ways suppress the freedom of speech and expression. Much information about personal life is needed to find out culprits in case, however celebrities are approaching courts in the name of privacy and deprive justice to victims.
Many newspapers which are protecting the freedom of speech facing defamation cases as they violated privacy laws, so privacy also obstructs other rights.
To conclude, one may agree or not , privacy is fundamental to protect honour, and fame and dignity. That is proved in history many times. Supreme.court also changed its opinion from its earlier mp sharma, kharak Singh judgment due to changed circumstances. However privacy is not an absolute right and should have restrictions to protect the people, design policies, and ensure law and order.
Many progressive judgments in the right direction, however many more waiting on aadhar, IPC 377, surrogacy, abortion. Whatever limitations may be supreme court judgments helping India to meet unhr norms and international covenent and civil rights , so helping to improve indian brand image. To make fully utilize indian potential , privacy of individual must be respected because privacy always proptional.to growth and development, innovative ideas , alternative thinking, that is proved in western societies also. So we also should realize future belongs to individuals and they need privacy and other rights also depend on it , so respect privacy other right would follow privacy, and nation will be prospered with diversity,honour, dignity.