The privacy of a person is one of his/her most prized possessions. If at all the person feels that his/her privacy has been violated, it is a great source of concern and is looked down upon. Hence, the privacy of a citizen is of great importance to the governance of a country.
Recently, the nine- judge bench of the apex court in India declared that the previous stance of the top court which states that the right to privacy does not come under the fundamental rights granted to the citizens, as void.
A privacy law refers to the law regulating, storing and the usage of personally identifiable information of individuals which can be collected. India’s supreme court upholds right to privacy as a fundamental right granted to its citizens. It is an intrinsic part of article 21 that protects life and liberty of the citizens and as a part of the freedoms guaranteed by the part III of the constitution. In the instance of encroachment of privacy, with the aid of the law, necessary legal action can be taken.
Many aspects of the right to privacy have been taken into consideration when we talk about a privacy law. The preservation of personal intimacies and sexual orientation (a much debated and volatile topic in India) has been viewed one of the most essential aspect of one’s privacy. The protection of heterogeneity and the recognition of diversity in a vast country such as India is the crux of forming the law for the people. One’s right to safeguard information, emotional and physical well being and various other facets of life have been included in the formation regulation of the privacy law.
Homosexuality is romantic and sexual attraction and behaviour between member of the same gender. Many a times, a person’s identity is defined by their sexual inclination. Homosexuality is considered to be a taboo subject in the Indian society which discriminates the citizens. Lesbian, gay, bisexual and transgender (LGBT) people in India face Gay and transgender individuals continue to face widespread discrimination in India.
Section 377 of the Indian Penal Code (colonial era) makes sex with the same people of the same gender punishable by law. It states that “whoever voluntarily had carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment for life, or with imprisonment od either description for a term which may extend to ten years, and shall also be liable for a fine.”
The Supreme Court’s decision to hear in open court curative petitions – the last legal recourse available to litigants – on Section 377 of the Indian Penal Code (IPC) is an opportunity for it to rectify the mistake of re-criminalising homosexuality in the country.
The Aadhar card is a unique identification mark, different for every citizen of India which had been developed by the government of India, with an aim to organise the country. The project was introduced in 2009, by the Unique Identification Authority of India (UIDAI). This program wants each and every citizen to have a unique number which involves an Aadhar number which involves issuing an Aadhar number as well as one Aadhar card, which can later be linked to various schemes and services that are provided by the government.
In the recent times, there have been many speculations regarding the Aadhar card and its close monitoring in every aspect of a person’s life, throwing light to the infringement of privacy felt by many citizens. A recent unanimous judgment by the Supreme Court of India (SCI) in Justice K.S. Puttaswamy (Retd) vs Union of India is a resounding victory for privacy. The ruling is the outcome of a petition challenging the constitutional validity of the Indian biometric identity scheme Aadhaar.
Abortion is the termination of pregnancy by the method of removing a foetus or an embryo before it can survive outside the uterus. Abortion caused purposefully is called an induced abortion. When allowed by the law, abortion in the developed world is one of the safest procedures in medicine.
Abortion in India is legal only up to twenty weeks of pregnancy under specific conditions and situations, where the continuance of the pregnancy involves risk to life for the mother or which could cause significant physical and mental health damage.
There have been many instances where unwanted pregnancies have to been carried out due to late detection, crossing the twenty weeks mark. Rape victims and unmarried girls don’t have a strong say in the legal abortion, forcing many to choose the illegal route resulting in the complications in health. Unmarried women find it difficult to abort, because the pregnancies are healthy, but they don’t want to be carried out due to the societal stigma attached to it. Many physical deformities and terminal illness the foetus might have can be detected after 25 or 28 weeks, eliminating the opportunity of an abortion if required.
There have been many debates involving the extension of the permittivity of abortion mark and discussion of giving the pregnant woman more say in whether or not the pregnancy is to be carried out, especially for the unmarried women in India.
The right to one’s own body and what happens to it has been a topic of major discussion. The privacy of an abortion and the records to be kept private has been another source of concern, the privacy of abortion records which are included in health reports posing various difficulties for the pregnant female to get proper health benefits and insurance later in life. Thus, it is high time India makes abortion laws and any laws relating to abortion as it addresses woman’s rights to health, dignity, liberty and privacy.
The various aspects of privacy have been a topic of discussion and debate in India. Granting freedom of expression and safeguarding the privacy of its citizens has been the main idea. Drafting the laws in solid words so as to have a systematic approach in the wide spectrum of privacy is essential for the privacy law in the country. To make the citizen feel safe and respected has been the main objective of the most recent hearings, moving the country to a more transparent yet safe environment.