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Right to privacy is intrinsic to life and personal liberty and is inherently protected under Article 21 of the constitution. Explain. In this reference discuss the law relating to D.N.A. testing of child in the womb to establish its paternity. (Answer in 250 words) [UPSC 2024]
Model Answer Introduction The right to privacy is a fundamental aspect of life and personal liberty, as established by the Supreme Court of India in the landmark case of Puttaswamy v. Union of India (2017). This case affirmed that privacy is intrinsic to Article 21 of the Indian Constitution, whichRead more
Model Answer
Introduction
The right to privacy is a fundamental aspect of life and personal liberty, as established by the Supreme Court of India in the landmark case of Puttaswamy v. Union of India (2017). This case affirmed that privacy is intrinsic to Article 21 of the Indian Constitution, which guarantees the right to life and personal liberty. The Court unanimously recognized that privacy is essential for the enjoyment of various other fundamental rights, including autonomy over personal decisions and protection against arbitrary state actions.
Right to Privacy as Intrinsic to Life and Personal Liberty under Article 21
Law Relating to DNA Testing of Child in the Womb to Establish Paternity
Balancing Right to Privacy with Other Interests
The conflict between the right to privacy and the need for DNA testing in paternity cases highlights the complexities involved. Courts must carefully evaluate each case, ensuring that privacy is only compromised when legally justified. For instance, in the case of Rohit Shekhar vs. Narayan Dutt Tiwari, the need for biological truth through DNA testing was weighed against privacy concerns . Judicial oversight is crucial to maintain this balance, ensuring that the dignity of all parties involved is preserved.
Conclusion
In conclusion, while the right to privacy is a fundamental right under Article 21, the legal framework surrounding DNA testing for paternity must navigate the delicate balance between individual privacy and the child’s right to know their biological parentage.
See lessIn the digital era, the right to privacy encounters various challenges. Examine its constitutional foundation and analyze significant judicial rulings that have shaped privacy rights in India. (200 words)
Model Answer Introduction In the digital age, privacy faces new challenges, particularly due to the proliferation of data collection, surveillance technologies, and the interconnectivity of digital platforms. Key concerns include data breaches, algorithmic profiling, and the tension between personalRead more
Model Answer
Introduction
In the digital age, privacy faces new challenges, particularly due to the proliferation of data collection, surveillance technologies, and the interconnectivity of digital platforms. Key concerns include data breaches, algorithmic profiling, and the tension between personal privacy and the convenience of digital services. This article explores the constitutional foundation of the right to privacy in India and analyzes the significant judicial rulings that have shaped privacy rights in the digital era.
Constitutional Basis of the Right to Privacy
Key Judicial Rulings Shaping Privacy Rights
Emerging Challenges
Conclusion
The right to privacy in India has evolved significantly through judicial rulings, making it a fundamental right. However, with technological advancements, privacy faces continuous challenges, and ongoing judicial oversight, along with legislative efforts like the Data Protection Bill, will be critical to safeguarding privacy rights in the digital age.
See lessHow can we effectively safeguard a constitution against amendments that might undermine fundamental rights
It will have a multi-faceted approach to safeguarding a constitution against amendments that may undermine the basic rights. Some of the key strategies include: Constitutional Safeguards Rigid Constitution: The rigidity of a constitution can be enhanced by making amendments in the constitution by spRead more
It will have a multi-faceted approach to safeguarding a constitution against amendments that may undermine the basic rights. Some of the key strategies include:
Constitutional Safeguards
Rigid Constitution: The rigidity of a constitution can be enhanced by making amendments in the constitution by special majority or through a referendum. This makes it difficult to change fundamental rights.
Judicial Review: A strong and independent judiciary can review the constitutionality of laws and amendments, thus not violating the fundamental rights.
-Fundamental Rights: The constitution can be difficult to amend in a way that erodes fundamental rights if they are clearly defined and protected.
Public Awareness and Participation:
-Civic Education: Educating the public about the importance of fundamental rights and the role of the constitution in protecting them.
-Active Citizenry: Encouraging citizens to participate in public discourse and hold governments accountable for upholding constitutional values.
-Civil Society Organizations: Supporting civil society organizations that monitor government actions and advocate for human rights.
Institutional Mechanisms:
Independent Commissions: Setting up independent commissions to oversee the implementation of fundamental rights and investigate violations.
Parliamentary Committees: Strengthening parliamentary committees to scrutinize legislation and government policies that may affect fundamental rights.
Media Freedom: Protecting media freedom to ensure independent reporting and public scrutiny.
Combining these strategies can, therefore, be effective in protecting a constitution as well as taking care of fundamental rights from degradation to build a just and fair society.
See lessHow can we effectively safeguard a constitution against amendments that might undermine fundamental rights
The constitution replies on a model of structural, procedural and societal safeguarding so as to prevent comprehensible constitutional tampering that may render fundamental rights insecure and thus constitutional amendments do meet the requirements of the justice, equality, and human dignity. 1. EntRead more
The constitution replies on a model of structural, procedural and societal safeguarding so as to prevent comprehensible constitutional tampering that may render fundamental rights insecure and thus constitutional amendments do meet the requirements of the justice, equality, and human dignity.
1. Entrenchment Clauses: Some enlightenment to the above is that the constitution may contain provisions known as ‘eternity clauses’ that protect constitutions from alteration or repeal. For example, the basic law in Germany allows mostly justified prohibitions against changes to certain rights, tasks, and powers of the Federation and the Länder; against alterations in the principles of the division of powers between the Federation and the Länder; and against violation of human dignity.
2. Supermajority Requirements: Supermajority in the legislature means the decision enjoys the support of more than two thirds before changes are made. This rules out the possibility of a small majority to change basic rights at will.
3. Referendums: Assuming that some of the changes alter the basic rights of the citizens then those amendments must go to a referendum should pass through a test to enhance public acceptance.
4. Judicial Oversight: To be a guardian, the constitution court or supreme court may have the duty to look at the amendments proposed to the people in order to prevent the violation of the basic principles of the constitution.
5. Civic Engagement and Education: An educated and active populace is a good defense. Promoting constitutionalism helps citizens to develop the capacity to distinguish the violation of rights in order to prevent them.
6. Independent Institutions: Parliamentary and administrative ombudsmen, human rights commissions and independent free media can observe and prevent efforts that seek to erode those rights and hence enhance the constitution.
All these put together provide a strong basis for the defense of human rights from detractors on one aspect of liberal democracy.
See lessExplain the Feminism.
"Feminist" are terms that assert women's rights, their dignity, and encouragement of violence free society. They make people question those stigmas, advocate for equal rights for women, and equality. Some examples of these words include Empowerment, equality, equity, and choice of all genders. A femRead more
“Feminist” are terms that assert women’s rights, their dignity, and encouragement of violence free society. They make people question those stigmas, advocate for equal rights for women, and equality. Some examples of these words include Empowerment, equality, equity, and choice of all genders.
A feminist is one who, be man or woman, has faith in and advocates the cause of women/womankind. Feminist endeavors to remove prejudice in society, equity in the workplace and at school and respect the person’s decision. They firmly stand for changes in gender stereotype and support equal rights, duties, and chances for both men and women.
See lessExplain the Feminism.
Feminism is a movement that fights for equal rights and opportunities for women , challenging unfair gender norms and stereotypes to create a fair and equal society for all. India's feminist landscape shows mixed progress i.e. 68.3% female literacy, 27% workforce participation and 14% female parliamRead more
Feminism is a movement that fights for equal rights and opportunities for women , challenging unfair gender norms and stereotypes to create a fair and equal society for all.
India’s feminist landscape shows mixed progress i.e. 68.3% female literacy, 27% workforce participation and 14% female parliamentarians yet 30% domestic violence and 110:100 sex ratio imbalance persist.
Impact of Feminism –
Feminism faces challenges from societal norms, patriarchal mindsets and gender stereotypes plus obstacles like lack of resources, political resistance, internal divisions and online misogyny. Additionally, intersectionality issues, cultural barriers and economic disparities hinder progress toward true gender equality and inclusivity for all women.
See lessExamine Right to Equality as a Fundamental Right in the Constitution of India. (200 Words) [UPPSC 2018]
Right to Equality as a Fundamental Right Definition and Constitutional Provisions The Right to Equality is enshrined as a Fundamental Right in Part III of the Indian Constitution, primarily under Articles 14 to 18. It guarantees that all citizens are equal before the law and provides various protectRead more
Right to Equality as a Fundamental Right
Definition and Constitutional Provisions
The Right to Equality is enshrined as a Fundamental Right in Part III of the Indian Constitution, primarily under Articles 14 to 18. It guarantees that all citizens are equal before the law and provides various protections against discrimination.
Key Provisions
Recent Examples
Challenges and Considerations
Despite these constitutional safeguards, challenges remain, including social discrimination, caste-based biases, and gender inequality. Ensuring effective implementation of these rights requires continuous legal, social, and administrative efforts.
In conclusion, the Right to Equality as a Fundamental Right is crucial for ensuring a just and inclusive society, but ongoing vigilance and reform are necessary to address persistent inequalities.
See lessWhat do you understand by the concept "freedom of speech and expression"? Does it cover hate speech also ? Why do the films in India stand on a slightly different plane from other forms of expression? Discuss. (200 words) [UPSC 2014]
Concept of "Freedom of Speech and Expression" Definition and Scope The freedom of speech and expression is a fundamental right guaranteed under Article 19(1)(a) of the Indian Constitution. It encompasses the right to express one’s thoughts, opinions, and beliefs through various means, including spokRead more
Concept of “Freedom of Speech and Expression”
Definition and Scope The freedom of speech and expression is a fundamental right guaranteed under Article 19(1)(a) of the Indian Constitution. It encompasses the right to express one’s thoughts, opinions, and beliefs through various means, including spoken and written words, media, and artistic expression. This right is essential for the functioning of a democratic society, ensuring that individuals can participate in public discourse and hold opinions freely.
Hate Speech and Limitations However, this freedom is not absolute. Hate speech, which incites violence or promotes discrimination against individuals or groups based on attributes like race, religion, or ethnicity, is not protected under this right. Indian law imposes reasonable restrictions on freedom of speech to maintain public order, morality, and the integrity of the nation, as per Article 19(2). The Supreme Court has upheld that speech which threatens public order or incites violence falls outside the protective scope of Article 19(1)(a).
Films and Special Considerations Films in India are subject to special regulatory scrutiny compared to other forms of expression. This distinction arises because films:
Conclusion While freedom of speech and expression is a cornerstone of democracy, it excludes hate speech and is regulated to ensure public order and safety. Films, due to their broad societal impact and cultural sensitivity, face additional regulatory scrutiny to balance creative freedom with public interest.
See lessDoes the right to a clean environment entail legal regulations on burning crackers during Diwali? Discuss in the light of Article 21 of the Indian Constitution and Judgement(s) of the Apex Court in this regard. (200 words) [UPSC 2015]
The right to a clean environment is closely related to Article 21 of the Indian Constitution, which guarantees the right to life and personal liberty. This right has been interpreted by the Supreme Court to include the right to a clean and healthy environment. Legal Framework and Supreme Court JudgmRead more
The right to a clean environment is closely related to Article 21 of the Indian Constitution, which guarantees the right to life and personal liberty. This right has been interpreted by the Supreme Court to include the right to a clean and healthy environment.
Legal Framework and Supreme Court Judgments:
Article 21: This article ensures the right to life, which has been expansively interpreted by the Supreme Court to include the right to live in a healthy environment. This interpretation underscores that the environment directly impacts the quality of life, making environmental protection integral to the right to life.
Supreme Court Judgments:
Vellore Citizens’ Welfare Forum v. Union of India (1996): The Supreme Court emphasized that the right to a clean environment is part of the right to life under Article 21. It held that pollution control measures are essential to uphold this right.
See lessM.C. Mehta v. Union of India (2005): In this case, the Court addressed the issue of air pollution caused by burning crackers. It ruled that the state has a duty to prevent pollution and ensure a clean environment, thus linking environmental regulations to the right to life.
M.C. Mehta v. Union of India (2018): The Court reiterated its stance on the regulation of firecrackers to control air pollution, especially during festivals like Diwali. It imposed restrictions on the sale and use of firecrackers to mitigate their adverse effects on air quality and public health.
Conclusion:
The right to a clean environment, as an extension of Article 21, justifies legal regulations on activities like burning crackers during Diwali. The Supreme Court has consistently upheld this right by implementing measures to control pollution, thus balancing festive celebrations with the need to protect public health and the environment.
Examine the scope of Fundamental Rights in the light of the latest judgement of the Supreme Court on Right to Privacy. (250 words) [UPSC 2017]
The scope of Fundamental Rights in India has been significantly expanded in light of the Supreme Court's landmark judgment on the Right to Privacy. In the 2017 judgment in K.S. Puttaswamy vs. Union of India, the Supreme Court declared the Right to Privacy as a fundamental right under Article 21 of tRead more
The scope of Fundamental Rights in India has been significantly expanded in light of the Supreme Court’s landmark judgment on the Right to Privacy. In the 2017 judgment in K.S. Puttaswamy vs. Union of India, the Supreme Court declared the Right to Privacy as a fundamental right under Article 21 of the Constitution, which guarantees the right to life and personal liberty.
Key Aspects of the Judgment:
Recognition of Privacy as a Fundamental Right: The Court affirmed that the Right to Privacy is intrinsic to the right to life and personal liberty. It emphasized that privacy encompasses the autonomy to make decisions about personal matters, such as one’s body, identity, and communications.
Impact on Existing Laws: The judgment has broad implications for existing laws and policies, requiring them to conform to the constitutional right to privacy. This includes laws related to surveillance, data protection, and personal information.
Limitations and Proportionality: The Court recognized that the Right to Privacy is not absolute and can be restricted under reasonable conditions. Any limitation must satisfy the three-fold test of legality, necessity, and proportionality, ensuring that restrictions are justifiable in a democratic society.
Enhanced Protection for Individuals: The judgment expands the scope of Fundamental Rights by protecting individuals from arbitrary intrusion by the state and private entities. It highlights the need for robust legal safeguards against violations of privacy.
Scope of Fundamental Rights:
The Right to Privacy judgment reaffirms and broadens the scope of Fundamental Rights by:
Broadening Autonomy: It underscores individual autonomy over personal aspects, reinforcing rights related to dignity, freedom, and choice.
See lessInfluencing Legislation: It necessitates updates in legislation, including the introduction of data protection laws and amendments to privacy-related statutes.
Conclusion:
The Supreme Court’s judgment on the Right to Privacy marks a pivotal expansion of Fundamental Rights in India. It integrates privacy into the broader framework of personal liberties, demanding both legislative reforms and a cultural shift toward greater respect for individual privacy. This judgment not only strengthens individual freedoms but also reinforces the need for a balance between state power and personal autonomy in a democratic society.