Right To Privacy Under Article 21 and the Related Conflicts

A very fascinating development in the Indian Constitutional jurisprudence is the

extended dimension given to Article 21 by the Supreme Court in post-Maneka era. The
Supreme Court has asserted that Art. 21 is the heart of the Fundamental Rights. Article 21 has
proved to be multi-dimensional. The extension in the dimensions of Art.21 has been made
possible by giving a extended meaning to the word life and liberty in Article 21. These
two words in Art.21 are not to be read narrowly. These are organic terms which are to be
construed meaningfully.

The Supreme Court has asserted that in order to treat a right as a fundamental right, it
is not necessary that it should be expressly stated in the constitution as a Fundamental Right.
Political, social, and economic changes in the country entail the recognition of new rights.
The law in its eternal youth grows to meet the demands of society.

Right to privacy is one such right which has come to its existence after widening up
the dimensions of Article 21. The constitution in specific doesnt grant any right to privacy as
such. However, such a right has been culled by the Supreme Court from Art. 21 and several
other provisions of the constitution read with the Directive Principles of State Policy. In this
paper we will be discussing over a new dimension of Art. 21 that is the Right to Privacy and
also the conflicts related to it.



Introduction
Before we get into a complete discussion of Right to Privacy first of all we need to know
what does the word Privacy mean. According to Blacks Law Dictionary right to be let alone; the
right of a person to be free from any unwarranted publicity; the right to live without any
unwarranted interference by the public in matters with which the public is not necessarily
concerned.

Article 21 of the Constitution of India states that No person shall be deprived of his life or
personal liberty except according to procedure established by law. After reading the Article 21, it
has been interpreted that the term life includes all those aspects of life which go to make a mans
life meaningful, complete and worth living.

Like everything mankind has ever achieved, there has been a positive and a negative side to
it. Technology has invaded every part of our lives whether the invasion was desired or not, we
cannot be sure whether what we say has been heard by a third party as well whether that was
desired or not. The proverbial Hindi saying of even walls having ears has never rung truer. The
principle of the world today can be: whatever you may do, the world will get to know before you
realize, ask a certain Tiger Woods about it.

In the earlier times in India, the law would give protection only from physical dangers such
as trespass from which the Right to Property emerged to secure his house and cattle. This was
considered to be the Right to Life. As the ever changing common law grew to accommodate the
problems faced by the people, it was realized that not only was physical security required, but also
security of the spiritual self as well as of his feelings, intellect was required. Now the Right to Life has
expanded in its scope and comprises the right to be let alone the right to liberty secures the exercise
of extensive civil privileges; and the term property has grown to comprise every form of
possession intangible, as well as tangible.

The strategy adopted by the Supreme Court with a view to expand the ambit of Art. 21 and
to imply certain right there from, has been to interpret Art.21 along with international charters on
Human Rights.

The Court has implied the right of privacy from Art.21 by interpreting it in conformity with
Art.12 of the Universal Declaration on Human Rights and Art.17 of the International Covenant on
Civil and Political Rights, 1966. Both of these international documents provide for the right of
privacy.

Right to privacy is not enumerated as a Fundamental Right in the Constitution of India. The
scope of this right first came up for consideration in Kharak Singhs Case which was concerned with
the validity of certain regulations that permitted surveillance of suspects. The minority decision of
SUBBA RAO J. deals with this light. In the context of Article 19(1) (d), the right to privacy was again
considered by the Supreme Court in 1975. In a detailed decision, JEEVAN REDDY J. held that the right
to privacy is implicit under Article 21. This right is the right to be let alone. In the context of
surveillance, it has been held that surveillance, if intrusive and seriously encroaches on the privacy of
citizen, can infringe the freedom of movement, guaranteed by Articles 19(1)(d) and 21. Surveillance
must be to prevent crime and on the basis of material provided in the history sheet. In the context of
an anti-terrorism enactment, it was held that the right to privacy was subservient to the security of
the State and withholding information relevant for the detention of crime cant be nullified on the
grounds of right to privacy. The right to privacy in terms of Article 21 has been discussed in various
cases.

International Concepts of Privacy
Article 12 of Universal Declaration of Human Rights (1948) states that No one shall be
subjected to arbitrary interference with his privacy, family, home or correspondence nor to attack
upon his honour and reputation. Everyone has the right to protection of the law against such
interference or attacks.

Article 17 of International Covenant of Civil and Political Rights (to which India is a party)
states No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home
and correspondence, nor to unlawful attacks on his honour and reputation

Article 8 of European Convention on Human Rights states Everyone has the right to respect
for his private and family life, his home and his correspondence; there shall be no interference by a
public authority except such as is in accordance with law and is necessary in a democratic society in
the interests of national security, public safety or the economic well-being of the country, for the
protection of health or morals or for the protection of the rights and freedoms of others.

Right To Privacy In India
As already discussed Article 21 of the Constitution of India states that No person shall be
deprived of his life or personal liberty except according to procedure established by law. The right
to life enshrined in Article 21 has been liberally interpreted so as to mean something more than
mere survival and mere existence or animal existence. It therefore includes all those aspects of life
which makes a mans life more meaningful, complete and worth living and right to privacy is one
such right. The first time this topic was ever raised was in the case of Kharak Singh v. State of UP
where the Supreme Court held that Regulation 236 of UP Police regulation was unconstitutional as it
clashed with Article 21 of the Constitution. It was held by the Court that the right to privacy is a part
of right to protection of life and personal liberty. Here, the Court had equated privacy to personal
liberty.

In Govind v. State of Madhya Pradesh , Mathew, J. accepted the right to privacy as an
emanation from Art. 19(a), (d) and 21, but right to privacy is not absolute right. Assuming that the
fundamental rights explicitly guaranteed to a citizen have penumbral zones and that the right to
privacy is itself a fundamental right, the fundamental right must be subject to restriction on the basis
of compelling public interest. Surveillance by domiciliary visits need not always be an unreasonable
encroachment on the privacy of a person owing to the character and antecedents of the person
subjected to surveillance as also the objects and the limitation under which the surveillance is made.
The right to privacy deals with persons not places.

In Smt. Maneka Gandhi v. Union of India & Anr.,(1978) in this case SC 7 Judge Bench said
personal liberty in article 21 covers a variety of rights & some have status of fundamental rights
and given additional protection u/a 19. Triple Test for any law interfering with personal liberty: (1) It
must prescribe a procedure; (2) the procedure must withstand the test of one or more of the
fundamental rights conferred u/a 19 which may be applicable in a given situation and (3) It must
withstand test of Article 14. The law and procedure authorising interference with personal liberty
and right of privacy must also be right just and fair and not arbitrary, fanciful or oppressive.

In Naz Foundation Case (2009) Delhi HC gave the landmark decision on consensual
homosexuality. In this case S. 377 IPC and Articles 14, 19 & 21 were examined. Right to privacy held
to protect a private space in which man may become and remain himself. It was said individuals
need a place of sanctuary where they can be free from societal control- where individuals can drop
the mask, desist for a while from projecting on the world the image they want to be accepted as
themselves, an image that may reflect the values of their peers rather than the realities of their
nature.

It is now a settled position that right to life and liberty under article 21 includes right to
privacy. Right to privacy is a right to be let alone. A citizen has a right to safeguard the privacy of his
own, his family, marriage, procreation, motherhood, child-bearing and education among other
matters. Any person publishing anything concerning the above matters except with the consent of
the person would be liable in action for damages. Position however, be different, if a person
voluntarily thrusts himself into controversy or voluntarily invites or raises a controversy.

Right To Privacy-Permissible Restriction
Intrusion into privacy may be by- (1) Legislative Provision (2) Administrative/Executive order
(3) Judicial Orders. Legislative intrusion must be tested on the touchstone of reasonableness as
guaranteed by the Constitution and for that purpose the Court can go into proportionality of the
intrusion vis--vis the purpose sought to be achieved. (2) So far as administrative or executive action
is concerned it has to be reasonable having regard to the facts and circumstances of the case. (3) As
to judicial warrants, the Court must have sufficient reason to believe that the search or seizure is
warranted and it must keep in mind the extent of search or seizure necessary for protection of the
particular State interest. In addition, as stated earlier, common law did recognise rare exceptions for
conduct of warrantless searches could be conducted but these had to be in good faith, intended to
preserve evidence or intended to prevent sudden anger to person or property.

The Privacy Bill, 2011
The bill says, every individual shall have a right to his privacy confidentiality of
communication made to, or, by him including his personal correspondence, telephone
conversations, telegraph messages, postal, electronic mail and other modes of communication;
confidentiality of his private or his family life; protection of his honour and good name; protection
from search, detention or exposure of lawful communication between and among individuals;
privacy from surveillance; confidentiality of his banking and financial transactions, medical and legal
information and protection of data relating to individual.

The bill gives protection from a citizen's identity theft, including criminal identity theft
(posing as another person when apprehended for a crime), financial identify theft (using another's
identity to obtain credit, goods and services), etc.

The bill prohibits interception of communications except in certain cases with approval of
Secretary-level officer. It mandates destruction of interception of the material within two months of
discontinuance of interception.

The bill provides for constitution of a Central Communication Interception Review
Committee to examine and review the interception orders passed and is empowered to render a
finding that such interception contravened Section 5 of the Indian Telegraphs Act and that the
intercepted material should be destroyed forthwith. It also prohibits surveillance either by following
a person or closed circuit television or other electronic or by any other mode, except in certain cases
as per the specified procedure.

As per the bill, no person who has a place of business in India but has data using equipment
located in India, shall collect or processor use or disclose any data relating to individual to any
person without consent of such individual.

The bill mandates the establishment of a Data Protection Authority of India, whose function
is to monitor development in data processing and computer technology; to examine law and to
evaluate its effect on data protection and to give recommendations and to receive representations
from members of the public on any matter generally affecting data protection.

The Authority can investigate any data security breach and issue orders to safeguard the
security interests of affected individuals in the personal data that has or is likely to have been
compromised by such breach.

The bill makes contravention of the provisions on interception an offence punishable with
imprisonment for a term that may extend up to five years or with fine, which may extend to Rs. 1
lakh or with both for each such interception. Similarly, disclosure of such information is a punishable
offence with imprisonment up to three years and a fine of up to Rs. 50,000, or both.

Further, it says any persons who obtain any record of information concerning an individual
from any officer of the government or agency under false pretext shall be punishable with a fine of
up to Rs. 5 Lacs.

Right To Privacy And Search And Seizure
The right of privacy on one hand and power of the State of search and seizure on the other
hand has been the subject matter of judgments not only in India but also in other countries as well.
The Supreme Court referred to American case laws under the Fourth Amendment to the US
Constitution. The Court also referred to Universal Declaration of Human Rights, European
Convention of Human Rights, other treaties and constitutional provisions and held that the State
cannot have unbridled right of search and seizure. In particular, it pointed out that all public records
could always be inspected but it will not be open to Collector under the impugned amended Section
73 of the Indian Stamp Act, 1899 to direct the production of records held with banks. These records
are copies of private documents. The right to privacy is to protect the documents which are with the
banks. Unless there is reasonable cause or material to believe that such documents may lead to a
discovery of fraud such documents cannot be inspected. The Court struck down S. 73 giving
uncontrolled power to Collector to authorize any person to take notes or extracts from such
documents. Even the rules framed under the Act did not provide sufficient guidelines or safeguards
as to how this power could be exercised. The Supreme Court referred to US judgments on this
subject. It preferred to follow the minority view in Millers case and took the view that majority
decision was incorrect. It also referred to various articles and comments which have taken the view
that majority judgement was wrong the Court held that documents or copies thereof given to the
bank will continue to remain confidential. The fact that they are given to bank voluntarily will not
mean that they cease to be private records as mentioned above.

Tapping of Telephone
Telephone tapping constitutes a serious invasion of an individuals right to privacy. Is it
constitutionally permissible in India? If so, within what limits and subject to what safeguards?

The questions posed above have been fully considered by the Supreme Court in Peoples
Union for Civil Liberties v. Union of India. In this case Public Interest Litigation was filed protesting
rampant instances of phone tapping of politicians phones by CBI. The court ruled that telephone
conversation is an important facet of a mans private life. The right to hold a telephone conversation
in the privacy of ones home or office without interference can certainly be claimed as right to
privacy. So, tapping of telephone is a serious invasion of privacy. This means that telephone tapping
would infract Article 21 unless it is permitted under the procedure established by law. The
procedure has to be just, fair and reasonable.

The Court laid down exhaustive guidelines to regulate the discretion vested in the State
under Section 5 of the Indian Telegraph Act for the purpose of telephone tapping and interception of
other messages so as to safeguard public interest against arbitrary and unlawful exercise of power
by the Government. Section 5(2) of the Act permits the interception of messages in accordance with
the provisions of the Act. Occurrence of any public emergency or in interest of public safety are
the sine qua non for the application of provisions under section 5(2) of the Act unless a public
emergency has occurred or the interest of public safety demands, the authorities have no
jurisdiction to exercise the powers under the said legislation. The Court said public emergency would
mean the prevailing of sudden condition or state of affairs affecting the people at large calling for
immediate action. The expression public safety means the state or condition of grave danger or risk
for the people at large. When either these two conditions are not in existence, the Court said, the
Central Government or the State Government or the authorised officers cannot resort to telephone
tapping even though there is satisfaction that it is necessary or expedient so to do in the interest of
sovereignty and integrity of the country. In other orders, even if the Central Government is satisfied
that it is necessary or expedient so to do in the interest of the sovereignty or integrity of the country
or the security of the State or friendly relations with foreign States or public order or for preventing
for incitements to the commission of an offence it cannot intercept the message or resort to
telephone tapping unless a public emergency has occurred or the interest of public safety or the
existence of the interest of public safety requires.

The Court has laid down the following procedural safeguards for the exercise of power
under Section 5(2) of the Indian Telegraph Act-
An order for telephone tapping can be issued only by the Home Secretary of the Central
Government or the State Governments. In an urgent case, the power may be delegated to an officer
of the Home Department of the Central and the State Governments not below the rank of Joint
Secretary.

The copy of the order shall be sent to the Review Committee within one week of the
passing of order.

The order shall, unless renewed, cease to have effect at the end of two months from the
date of issue. The authority making the order may review before that period if it considered that it is
necessary to continue the order in terms of Section 5(2) of the Act.

The authority issuing the order shall maintain the record of intercepted communications,
the extent the material to be disclosed, number of persons, their identity to whom the material is
disclosed.

The use of intercepted material shall be limited to the minimum that is necessary in terms
of Section 5(2) the Act.

The Review Committee shall on its own, within two months, investigate whether there is or
has been a relevant order under section 5(2) of the Act.

If on investigation the Review Committee concludes that there has been a contravention of
the provisions of Section 5(2) of the Act, shall set aside the order. It can also direct the destruction
the copies of the intercepted material.

If on investigation the Review Committee comes to the conclusion that there has been no
contravention of the relevant provision of the Act, it shall record the finding to that effect.

The Court noted that with the growth of highly sophisticated communication technology the
right to hold telephone conversation in the privacy of ones home or office without interference is
increasingly susceptible to abuse. In view of this, the Courts ruling laying down detailed guidelines
for the exercise of power under the relevant Act is timely and of historic importance.

Divorce Petition: Husband Tapping Conversation Of His Wife With Others Seekingto Produce
In Court, Violates Her Right To Privacy Under Article 21
In Rayala M. Bhuvneswari v. Nagaphomender Rayala the petitioner filed a divorce petition in
the Court against his wife and to substantiate his case sought to produce a hard disc relating to the
conversation of his wife recorded in U.S. with others. She denied some portions of the conversation.
The Court held that the act of tapping by the husband of conversation of his wife with others
without her knowledge was illegal and amounted to infringement of her right to privacy under
article 21 of the Constitution. These talks even if true cannot be admissible in evidence. The wife
cannot be forced to undergo voice test and then asked the expert to compare portion denied by her
with her admitted voice. The Court observed that the purity of the relation between husband and
wife is the basis of marriage. The husband was recording her conversation on telephone with her
friends and parents in India without her knowledge. This is clear infringement of right to privacy of
the wife. If husband is of such a nature and has no faith in his wife even about her conversations to
her parents, then the institution of marriage itself becomes redundant.

Prisoners Privacy Rights
The protection of Article 21 is available even to convicts in jail. The convicts are not by mere
reason of their conviction deprived of all their fundamental rights which they otherwise possess.
Following the conviction of a convict is put into a jail he may be deprived of fundamental freedoms
like the right to move freely throughout the territory of India. But a convict is entitled to the precious
right guaranteed under Article 21 and he shall not be deprived of his life and personal liberty except
by a procedure established by law.

The question of the right to be let alone again came on the front in the case of R. Rajagopal
vs. State of T.N also known popularly as the Auto Shankar Case. A prisoner had written his
autobiography in jail describing the conditions there and the nexus between prisoners and several
IAS and IPS officers. He had given the autobiography to his wife so that she may publish it in a
particular magazine. However, the publication was restrained in various matters and the question
arose whether anyone has the right to be let alone and particularly in jail.

In R. Rajagopal vs. State of T.N.,(1994) Right to Privacy held to be implicit in Article 21. It is
the right to be left alone. A citizen has a right to safeguard the privacy of his own, his family,
marriage, procreation, motherhood, child bearing and education among many other matters. In this
case right of a prisoner to privacy recognised.

Conflict Between: Right To Information
&
Right To Privacy

In India the Constitution does not expressly recognise the right to privacy. But after the case
of Kharak Singh v. State of U.P the Supreme Court for the first time recognised the right to privacy
which is implicit in the Constitution under Article 21. The Court held that the right to privacy is an
integral part of the right to life, but without any clear cut laws, it still remains in the gray area. The
view was based on the conclusion that the infringement of a fundamental right must be both direct
as well as tangible that the freedom guaranteed u/a 19(1)(a)- a right to freedom of speech and
expression was not infringed upon by a watch being kept over the movement of the suspect.

In R. Rajagopal v. State of T.N., the apex Court held that the right to privacy is a right to let
alone. No one can publish anything concerning the above matters without his consent, whether
truthful or otherwise whether laudatory or critical. If he does so, he would be violating the right to
privacy of the person concerned and would be liable in the action of damages.

In Mr. X v. Hospital Z, it was held that where there is a clash of two fundamental rights, as in
the instant case, namely, the appellants right to privacy as a part of right to life and other persons
right to lead a healthy life which is her fundamental right u/a 21, the right which would advance the
public morality or public interest, would alone be enforced through the process of Court, for the
reason that moral consideration cannot be kept at bay and judges are not expected to sit as mute
structures of clay as in Hail, known as Courtroom but have to be sensitive, in the sense that they
must keep their fingers firmly upon the pulse of the accepted morality of the day.

Voicing concern over vexatious use of RTI Act, Prime Minister Manmohan Singh said the
citizens to know should definitely be circumscribed if it encroaches on an individuals privacy. He
said there is a fine balance required to be maintained between right to information and the right to
privacy, which stems out of the fundamental right of life and liberty. The citizens right to know
should definitely be circumscribed if disclosure of information encroaches upon someones personal
privacy. But where to draw a line is a complicated question.

Recently in one of the most controversial case Ratan Tata went to Supreme Court against
the publication of intercepts of his conversation with Neera Radia who handles the corporate
communication for the group. Tata holds that as Radias phones were tapped by government
agencies especially for investigating a possible offence the recorded conversations should have been
used for that purpose alone. Ratan Tata has submitted his petition before Supreme Court asking to
protect his right to privacy. But given that freedom of information laws have at their core the
purpose of disclosure, exemptions are strictly construed, and it has been said that the public right to
know should prevail unless disclosure would publicise intimate details of a highly personal nature.
The Radia tapes so far published public issues, but not personal life of Tata. These conversations
would be available to every citizen under the RTI Act because the only objection that one could raise
would be on the ground of 8(j) of RTI Act which says-information which relates to personal
information, the disclosure of which has no relationship to any public activity on interest. It also says
or which would cause unwarranted invasion of the privacy of the individual unless the public
authority is satisfied, unless the information officer is satisfied that the larger public interest justifies
the disclosure of such an information.

In that case a preliminary question that should be asked is whether Tatas conversations
would be revealed through an RTI, or whether his conversations would fall under the exemption of
personal information found in section 8(j). It is interesting to note the structure of this exemption.
By the use of word or the legislation suggests that unwarranted invasion of individual privacy may
trigger the exemption, even if the information has a relationship to public activity or interest. But the
added caveat says that the larger public interest could justify the release of even purely private
information.

By the use of the word or the legislation suggests that unwarranted invasion of individual
privacy may trigger the exemption, even if the information has a relationship to public activity or
interest. But the added caveat says that the larger public interest could justify the release of even
purely private information. In addition, what constitutes personal information has not been
defined in the legislation.

However, according to expert legal opinion, the Supreme Court of India is well within its
rights to allow disclosure of conversation details between Ratan Tata and Nira Radia.

Later Developments In Right To Privacy
Right to privacy, once incorporated as a fundamental right, is wide enough to encroach into
any sphere of activity. The conferment of such a right has become extremely difficult with the
advancement of technology and the social networking sites. But the other side of the picture is that
right to privacy of a person includes the right to seclude personal information. The extent to which
the realm of privacy of each person should remain is subjective, which might differ from person to
person. The recognition of right to privacy can also be seen in the S. 43 of Information Technology
Act which makes unauthorised access into a computer resource invoke liability.

Today, each person is a press, taking in view the emergence of blog spots and social
networking sites. Many a times, the right to privacy may come in conflict with the right to press the
right to press is a right derived from Article 19 (1) (a) in particular. The right to expression of a
person may come in conflict with the right to privacy of another person. The question, where there
is a conflict, which should prevail over the other, is well explained by bringing in the concept of
public interest and public morality. The publication of personal information of an individual
without his consent or approval is justified if such information forms part of public records including
Court records. Each case is distinct and each right is special.

Any right derived from Article 19 can be derived from Article 21 too, under the wide
interpretation of personal liberty. Though the Court generally applies the test of public interest or
public morality in case of conflict between two derived rights, another interpretation is also
possible. A right derived under Article 21 is superior to a right derived under Article 19, since the
state enacting law in contravention of such right can be saved under the reasonable restrictions
under 19(2) to (5). The position was different in the Pre-Maneka era, when Article 21 was not a
source of substantive right.

The right to privacy may come in conflict with the investigation of police in several aspects.
Narco-analysis, polygraph test and brain mapping tests, in application, make unwarranted intrusion
into the right to privacy of a person. The Supreme Court was acknowledging the individual right to
privacy by declaring these tests inhuman and unconstitutional. The Supreme Court in Directorate of
Revenue and Anr v. Mohammed Nisar Holia cited the US Supreme Court judgement which held
thermal imaging, a sophisticated sense enhancing technology which when kept outside the
residential house of a person can detect whether the inmate has kept narcotic substance within as
infringement on the right to privacy of the said person. The Court discouraged the unnecessary
infringement of the right to privacy of a persons and held that no authority shall be given
untrammelled power to infringe the right to privacy of a person, the Court held while reversing the
conviction for non-compliance of statutory requirement of search and seizure. Although a statutory
power to make a search and seizure by itself may not offend the right of privacy but in case of this
nature, the least that a Court can do is-to see that such right is not unnecessarily infringed.

Conclusion
Right to privacy is an essential component of right to life and personal liberty under Article
21. Right of privacy may, apart from contract, also arise out of a particular specific relationship,
which may be commercial, matrimonial or even political. Right to privacy is not an absolute right; it
is subject to reasonable restrictions for prevention of crime, disorder or protection of health or
morals or protection of rights and freedom of others. Where there is a conflict between two derived
rights, the right which advances public morality and public interest prevails.

Louis Brandeis J in a celebrated judgment has said that right to privacy is the right most
valued by civilized men. Lord Hoffmann has observed in relation to the complaints against media
that there is no logical ground for saying that a person should have less protection against a private
individual than he would have against the state for the publication of personal information for which
there is no justificatio.

Judges of the American Supreme Court have talked about the right to privacy as an aspect of
the pursuit of happiness. The pursuit of happiness requires certain liberties that we are guaranteed
by the state so that we may act in a fashion that we may deem fit, as long as it does not encroach
upon the rights of others. Liberty is not a limited or quantifiable right. It is visible on the entire
gamut of the legal spectrum.

If one looks at the earlier judgments of the apex court in its formative years, one can
observe the desirability of the court to treat the Fundamental Rights as water-tight compartments.
This was felt the most in the case of A.K Gopalan v. State of Madras and the relaxation of this
stringent stand could be felt in the decision of Maneka Gandhi v. Union of India. The right to life was
considered not to be the embodiment of a mere animal existence, but the guarantee of full and
meaningful life.

Being part of a society often overrides the fact that we are individuals first. Each individual
needs his/her private space for whichever activity (assuming here that it shall be legal). The state
accordingly gives each individual that right to enjoy those private moments with those whom they
want to without the prying eyes of the rest of the world. Clinton Rossiter has said that privacy is a
special kind of independence which can be understood as an attempt to secure autonomy in at least
a few personal and spiritual concerns. This autonomy is the most special thing that the person can
enjoy. He is truly a free man there. This is not a right against the state, but against the world. The
individual does not want to share his thoughts with the world and this right will help protect his
interests.

In this day and age, this right is becoming more essential as every day passes. With all our
lives being splattered over the media be it through social networking sites or the spy cameras, we
need protection so that we can function in a way we want to and not think of others before our
actions. After all, the only ones we owe an explanation to is ourselves, and not to the entire world.
**************
List Of Abbreviations
Anr. - Another
Art. - Article
S. - Section
u/a - Under Article
u/s - Under Section
J - Justice
Bibliography
Books
The Constitutional Law Of India:- By- Dr. J.N Pandey.
Indian Constitutional Law:- By- Prof. Mp Jain.
The Right To Information Act,2005: A Handbook:- By- Sudhir Naib.
Right To Information Act In India:Concepts And Problems:- Ritu Banerjee.

Statutes
The Constitution Of India.
Right To Information Act,2005

Articles
Privacy And Human Rights: An International Survey Of Privacy Laws And Practices
Right To Privacy: An Analysis Of Developmental Process In India, America And Europe:- By-
Shriniwas Gupta And Preeti Mishra.
Privacy And The Constitution:- By- N.S Nappinai
Fight Between Right To Privacy And Right To Know:- By- Adv. Vishal K Vora
The Right To Privacy In The Information Era : A South Asian Perspective:- By: Althaf
Marsoof.

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# Richard Clayton, Hugh Tomlison; Privacy and Freedom Of Expression, 2010 Edn
(OxfordUniversity Press. 2010)
# Poe vs. Ullman, 367 US 497 at 522
# Abhinav Chandrachud, The substantive Right to Privacy: tracing the Doctrinal Shadows of
the Indian Constitution, (2006) 3 SCC (J)
# AIR 1950 SC 27
# AIR 1978 SC 597
# Kharak Singh vs. State of UP, AIR 1963 SC 1295