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Two years back, the Supreme Court has declared privacy as the fundamental right for all citizens in India under Article 21 and Part III of the constitution. It is actually considered a great victory for privacy. The definition and scope of privacy have been decided based on the case. In this article, we will discuss how the right to privacy judgment impacts us.
This historic judgment is going to celebrate its second anniversary soon. Now, it is the right time to understand how the Right to privacy judgment impacts the lives of the citizens and other entities. Before knowing the impact of this great judgment made by the nine-judge bench in the Supreme Court, let us have a glance at the highlights of this judgment.
Look at the major highlights of the Right to privacy judgment given by the nine-judge bench in 2017.
The right to privacy is one of the most ingrained and embedded rights of every citizen. This fundamental right is guaranteed by the Indian constitution. The nine Supreme Court judges also told that this common verdict should affect every individual in the country. The judges also told privacy comes under the right to liberty and life, which overrule Government arguments. Take a look at the top ways in which the rights of a private judgment impacts Indian citizens.
In the digital age, people used to share all of their life activities on social media platforms such as Whatsapp, Facebook. Twitter, and even over emails. Therefore, data protection becomes a primary need for every citizen to safeguard his or her life and privacy. In legal terms[1], it is the fundamental and basic right to life.
At present, text-messaging apps like Whatsapp is confronting the legal challenge at the Supreme Court for sharing chats with Facebook. This new privacy policy has been criticized a lot for not rendering people real choices. In fact, Facebook India has come forward to clarify the way it satisfies all sorts’ of legal needs in India before the Supreme Court.
The case pertaining to Whatsapp also raised broader concerns for almost all the internet companies including Google, Yahoo, and others. This privacy judgment will affect all these companies in India.
In India, IT laws are yet to tolerate with the dynamic digital space. Fortunately, the Supreme Court had struck down the IT Act 66A under which several people arrested for criticizing government, and politicians.
The court also told that liberty is impacted when the Governments prosecute citizens for expressing their opinions. It helps citizen to know what extent can someone post my personal information on Facebook and other platforms without their permission and claim when privacy is affected.
Homosexuality is the much-criticized judgment of the Right to privacy offered by the Supreme Court where they asked the Parliament to legislate and then uphold section 377. According to this section, having homosexual activity between two adults criminalizes.
When privacy is the fundamental right, then how can state or central interfere in our personal space? Court has also agreed to take a fresh and deep look at the homosexuality in the curative petition. The privacy scope will influence directly the cause of decriminalizing homosexuality in the country.
The recent judgment pertaining to the Right to privacy has several impacts on citizens of the country. If you wish to know more information about such judgments, then feel free to contact us at Enterslice.
Also, Read: When can a criminal case be filed?.
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