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Question #

Examine the scope of Fundamental Rights in the light of the latest judgement of the Supreme Court on Right to Privacy.

Answer by Chad #

The scope of Fundamental Rights in India is enshrined in Part III of the Indian Constitution. It grants certain fundamental rights to all citizens, ensuring that they are protected from any form of infringement by the state. These rights include, but are not limited to, the Right to Equality, Right to Freedom, Right against Exploitation, Right to Freedom of Religion, Cultural and Educational Rights, and Right to Constitutional Remedies.

The latest judgment of the Supreme Court on the Right to Privacy has expanded the scope of Fundamental Rights, particularly through the recognition of privacy as a fundamental right. In the landmark case of Justice K.S. Puttaswamy (Retd.) vs Union of India, the Supreme Court declared that the right to privacy is a fundamental right protected under Article 21 (Right to Life and Personal Liberty) of the Constitution.

By recognizing privacy as a fundamental right, the Supreme Court has essentially acknowledged that individuals have the right to control the dissemination of their personal information and the freedom to make choices relating to their personal life. This judgment has far-reaching implications as it strengthens the protection of individual autonomy and dignity in various aspects of life.

The scope of the Fundamental Right to Privacy extends to areas such as personal autonomy, informational privacy, bodily integrity, and decisional autonomy. It has an impact on many other fundamental rights, such as the Right to Freedom of Speech and Expression, Right to Freedom of Religion, Right to Personal Liberty, Right to Equality, Right against Discrimination, and Right to Education.

Furthermore, the judgment in the Right to Privacy case has laid down a framework for determining the permissible restrictions on privacy, stating that any encroachment on the right to privacy must have a legitimate state aim, be proportionate, and have procedural safeguards. This framework serves as a guide for future cases involving the right to privacy and helps in striking a balance between individual privacy and legitimate state interests.

In conclusion, the latest judgment of the Supreme Court on the Right to Privacy expands the scope of Fundamental Rights in India by recognizing privacy as a fundamental right protected under Article 21. This has significant implications for various aspects of life, strengthening individual autonomy and dignity. The judgment also provides a framework for determining permissible restrictions on privacy, ensuring a balance between individual privacy and legitimate state interests.