Talk about the development and significance of the Indian Constitution’s Fundamental Rights. Examine the judiciary’s role in interpreting and extending these rights to meet the evolving demands and difficulties faced by Indian society.
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
- Interconnected with Other Fundamental Rights: The right to privacy is crucial for exercising freedoms such as speech and religion. Without privacy, individuals cannot freely express their beliefs or make personal choices.
- Protection of Individual Autonomy: Privacy empowers individuals to make decisions regarding their bodies and personal lives without state interference, ensuring dignity and autonomy.
- Preventing Arbitrary State Action: The right to privacy acts as a safeguard against state overreach, requiring the government to justify any intrusion into personal privacy.
Law Relating to DNA Testing of Child in the Womb to Establish Paternity
- Section 112 of the Indian Evidence Act: This provision presumes legitimacy for children born within marriage, protecting family privacy unless a DNA test is essential to disprove paternity.
- Goutam Kundu vs. State of West Bengal: The court emphasized that DNA tests should be ordered sparingly to avoid unnecessary invasions of privacy.
- DNA Technology (Use and Application) Regulation Bill, 2019: This bill aims to regulate DNA testing, ensuring privacy concerns are addressed while allowing for paternity establishment when legally necessary.
- Consent Requirement: Informed consent is mandatory before conducting DNA tests, respecting personal liberty and privacy, especially in sensitive family matters.
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.
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Evolution and Importance of Fundamental Rights in the Indian Constitution Introduction The Fundamental Rights enshrined in the Indian Constitution are essential for ensuring justice, liberty, and equality for all citizens. They form the cornerstone of Indian democracy, reflecting the vision of the fRead more
Evolution and Importance of Fundamental Rights in the Indian Constitution
Introduction
The Fundamental Rights enshrined in the Indian Constitution are essential for ensuring justice, liberty, and equality for all citizens. They form the cornerstone of Indian democracy, reflecting the vision of the framers to create a just society.
Historical Evolution of Fundamental Rights
Importance of Fundamental Rights
Role of the Judiciary in Interpreting and Expanding Fundamental Rights
Challenges and Future Directions
Conclusion
The evolution and importance of Fundamental Rights reflect India’s commitment to democracy, justice, and equality. The judiciary’s role in interpreting and expanding these rights has been instrumental in addressing contemporary challenges and ensuring that the Constitution remains a living document. As Indian society continues to evolve, the dynamic interpretation of Fundamental Rights will remain crucial in safeguarding individual freedoms and promoting social justice.
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