THE HANS INDIA |
Aug 25,2017 , 05:21 AM IST
In a landmark verdict, the Supreme Court on August 24 said that privacy was a constitutional right. A constitution bench of nine judges was unanimous in its finding that it is indeed a fundamental right. The verdict on the right to privacy today is a major setback for the government which had all along argued that the constitution does not guarantee individual privacy as an inalienable fundamental right.
Part-III of the Indian constitution from article 12 to 32, contains fundamental rights. Part-III of the Indian constitution is called corner stone of the constitution and together with part-4 (directive principles and state policy) constitutes the conscience of the Constitution.
This chapter of the Constitution has been described as the Magna Carta of India. Fundamental Rights are individual rights are enforced against the arbitrary invasion by the state except, in the case of Art. 15 (2), Article 17, Article 18(3-4), Article 23 and Article 24 where these can be enforced against private individuals also.
The Fundamental Rights are defined as basic human freedoms that every Indian citizen has the right to enjoy for a proper and harmonious development of personality. These rights universally apply to all citizens, irrespective of race, place of birth, religion, caste or gender. Aliens (persons who are not citizens) are also considered in matters like equality before law.
They are enforceable by the courts, subject to certain restrictions. The Rights have their origins in many sources, including England's Bill of Rights, the United States Bill of Rights and France's Declaration of the Rights of Man. Violation of these rights result in punishments as prescribed in the Indian Penal Code or other special laws, subject to discretion of the judiciary, according to Wikipedia.
Constitution provides for seven Fundamental Rights: Right to equality (Article 14-18); Right to freedom (Article 19-22); Right against exploitation (Article 23-24); Right to freedom of religion (Articles 25-28); Cultural & educational rights (Articles 29-30); Right to Property (Article 31); and Right to constitutional remedies (Article 32).