Article 21 of Constitution of India: Protection of Life and Personal Liberty

‘Everybody has the option to life, freedom and the security of individual.’ The right to life is without a doubt the most fundamental, all things considered. Any remaining rights add quality to the life being referred to and rely upon the pre-presence of life itself for their activity. As basic freedoms can just append to living creatures, one may anticipate that the right should life itself to be in some sense essential, since none of different rights would have any worth or utility without it. There would have been no Fundamental Rights worth focusing on if Article 21 had been deciphered in its unique sense. This Section will inspect the right to life as deciphered and applied by the Supreme Court of India.

Article 21 of the Constitution of India, 1950 gives that, “No individual will be denied of his life or individual freedom besides as indicated by strategy set up by law.” ‘Life’ in Article 21 of the Constitution isn’t just the actual demonstration of relaxing. It doesn’t hint simple creature presence or proceeded with drudgery through life. It has a lot more extensive significance which incorporates right to live with human respect, right to work, right to wellbeing, right to contamination free air, and so forth

Right to life is fundamental to our very presence without which we can’t live as an individual and incorporates every one of those parts of life, which go to make a man’s life significant, complete, and worth living. It is the lone article in the Constitution that has gotten the most stretched out conceivable translation. Under the covering of Article 21, so numerous rights have discovered asylum, development, and nourishment. In this manner, the minimum essentials, least and fundamental requirements that are fundamental and unavoidable for an individual is the center idea of the right to life.

On account of Kharak Singh v. Province of Uttar Pradesh[i], the Supreme Court cited and held that:

By the expression “life” as here utilized something more is implied than simple creature presence. The hindrance against its hardship reaches out to every one of those appendages and resources by which life is appreciated. The arrangement similarly restricts the mutilation of the body by removal of a shielded leg or the pulling out of an eye, or the annihilation of some other organ of the body through which the spirit speaks with the external world.

In Sunil Batra v. Delhi Administration[ii], the Supreme Court repeated with the endorsement the above perceptions and held that the “right to life” incorporated the option to have a solid existence in order to partake in all resources of the human body thriving conditions. It would even incorporate the right to security of an individual’s practice, culture, legacy and all that offers importance to a man’s life. It incorporates the right to live in harmony, to rest in harmony and the option to rest and wellbeing.

Right To Live With Human Dignity

In Maneka Gandhi v. Association of India[iii], the Supreme Court gave another dimension to Art. 21 and held that the option to live isn’t simply an actual right yet incorporates inside its ambit the right to live with human pride. Elaborating a similar view, the Court in Francis Coralie v. Association Territory of Delhi[iv], saw that:

“The option to live incorporates the right to live with human poise and all that accompanies it, viz., the minimum essentials of life like satisfactory nourishment, dress and asylum over the head and offices for understanding composition and communicating one’s thoughts in assorted structures, uninhibitedly moving about and blending and blending with individual people and should incorporate the right to fundamental necessities the fundamental necessities of life and furthermore the option to continue capacities and exercises as establish the absolute minimum articulation of human self.”

Another expansive definition of the subject of life to nobility is to be found in Bandhua Mukti Morcha v. Association of India[v]. Describing Art. 21 as the core of fundamental rights, the Court gave it an extended understanding. Bhagwati J. noticed:

“It is the fundamental right of everybody in this nation… to live with human poise liberated from misuse. This right to live with human nobility cherished in Article 21 gets its life breath from the Directive Principles of State Policy and especially provisions (e) and (f) of Article 39 and Articles 41 and 42 and in any event, consequently, it should incorporate security of the wellbeing and strength of laborers, men and women, and of the young period of children against misuse, openings and offices for children to create in a solid way and in states of opportunity and pride, instructive offices, just and compassionate states of work and maternity help.

“These are the base requirements which should exist to empower an individual to live with human nobility and no State neither the Central Government nor any State Government-has the privilege to make any move which will deny an individual of the enjoyment of these fundamental things.”

Following the above-expressed cases, the Supreme Court in Peoples Union for Democratic Rights v. Association of India[vi], held that non-payment of least wages to the specialists utilized in different Asiad Projects in Delhi was a refusal to them of their right to live with essential human pride and violative of Article 21 of the Constitution.

Bhagwati J. held that rights and advantages presented on workmen utilized by a worker for hire under different labor laws are plainly proposed to guarantee fundamental human nobility to workmen. He held that the non-implementation by the private workers for hire drew in for developing a structure for holding Asian Games in Delhi, and non-enforcement of these laws by the State Authorities of the arrangements of these laws was held to be violative of the fundamental right of laborers to live with human pride contained in Art. 21.

In Chandra Raja Kumar v. Police Commissioner Hyderabad, it has been held that the right to everyday routine incorporates right to experience with human pride and goodness and, consequently, holding of excellence challenge is repulsive to respect or respectability of women and irritates Article 21 of the Constitution in particular if the equivalent is horribly revolting, profane, disgusting or expected for coercing. The government is engaged to forbid the challenge as questionable execution under Section 3 of the Andhra Pradesh Objectionable Performances Prohibition Act, 1956.

In State of Maharashtra v. Chandrabhan, the Court struck down an arrangement of Bombay Civil Service Rules, 1959, which given to payment of just an ostensible resource stipend of Re. 1 every month to a suspended Government Servant upon his conviction during the pendency of his allure as illegal on the ground that it was violative of Article 21 of the Constitution.

RIGHT TO PRIVACY AND PERSONAL DATA PROTECTION BILL

Protecting its citizens privacy in 21st century is a part of maintaining democratic character of a nation. Right to privacy is not exclusively mentioned in constitution of India but it is considered as a part of Article 21 which deals with right to life and personal liberty. It has been further interpreted by various cases and their judgements through the years.

Right to privacy is considered basic human right under Article 12 of Universal declaration of human rights act 1948 and India recognizes it through Article 14, Article 19 and Article 21 of Indian constitution which are Equality before law, Freedom of speech and expression and right to life and personal liberty respectively. On occasion India has taken note of importance of Right to privacy through judgements in wiretapping case, Aadhar case, Vineet Kumar case and alike.

Vineet Kumar case stated that tapping of phones should not be permitted unless it is case of public safety and emergency.

The recent case of new privacy policy by WhatsApp caused ruckus among citizens regarding protection of their privacy and immediate need of a legitimate way to deal with it. However, India recognized Right to privacy as fundamental right after Puttuswamy v/s Union of India case (2017) but it was under Article 21 itself. Under section 72A of IT act, breach of data privacy is punishable but it is only relevant in the case of corporate sector and to sensitive information.

India does not have a law dedicated to right to privacy yet. Although Personal data protection bill was put forward by justice Srikrishna committee.

PERONAL DATA AND PROTECTION BILL

Personal data and protection bill which was introduced in Lok Sabha in 2019 finally seems to be moving forward now that it has been through parliamentary scrutiny of a joint committee.

The bill restricts processing of personal data by Government, Companies inside and outside India which are dealing with personal data of Indians. The Bill labeled certain data such as financial data, biometric data, caste, religion and political beliefs as sensitive personal data.

A data fiduciary who is basically an entity or individual who owns the means to process these data is required to take certain accountability measures which includes implementing security safeguards such as data encryption and preventing misuse of data and instituting grievance redressal mechanisms to address complaints of individuals. They are also required to mechanize age verification and Parental consent if procession personal information of children. Therefore, Bill allows data fiduciary to process personal data if consent is provided by the individual. However, in circumstances where state requires data for providing benefits to individual, legal proceedings and respond to the medical emergency Personal data can be processed without consent.

The bill further proclaims that individual has certain rights including right to obtain confirmation from the fiduciary on whether their personal data has been processed, (ii) seek correction of inaccurate, incomplete, or out-of-date personal data, (iii) have personal data transferred to any other data fiduciary in certain circumstances, and (iv) restrict continuing disclosure of their personal data by a fiduciary, if it is no longer necessary or consent is withdrawn.

The Bill seeks to amend the Information Technology Act, 2000 to delete the provisions related to compensation payable by companies for failure to protect personal data. The introduction of personal data and protection bill was a step forward towards democratic data governance and it would further take us closer to constitutionally guaranteed Right to privacy.   

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Audacity and controversy after its new privacy policy

Audacity is free and open-source software that is available for Linux, Windows, macOS, and other UNIX operating systems. The project was started by Dominic Mazzoni and Roger Dannenberg in the fall of 1999 at Carnegie Mellon University, Pennsylvania. The software was officially released on May 28, 2000. It is a digital audio and recording application. It is one of the most popular free and open-source software with over 100 million downloads.

In July 2021, the software was acquired by the Muse Group. The acquisition has brought several changes in the privacy policy of the software. Audacity is very popular software in the audio editing space and is being used by beginner podcasters and musicians to professionals.  The recent changes in the privacy policy under the new ownership have led to accusations that it is spyware now. The new policy states that alongside collecting user data for “app analytics” and “improving our app”, which is not unusual. But further in the policy statement, it’s mentioned that the data collected will also be used for “Legal enforcement”.

The policy is a little unclear and it states:

“It may share personal data with “any competent law enforcement body, regulatory, the government agency, court, or other third parties where we believe disclosure is necessary.”

https://www.audacityteam.org/about/desktop-privacy-notice/

The language used quite vague but roughly it can be interpreted that Audacity will share data if requested by the law enforcement or court order. But they can also transfer more data if there is a potential buyer or merger in the future.

Another concerning change is the banning of under 13 years old users which was not a case earlier. This also violates the license under which the software is currently distributed.

It has been a concern for many users of the program. But this also raises a bigger question about data collection. This also hints at the intention of the purchase. The software already has a user base of millions and the potential of data collection is rather high. The policy to further distribute the data to third parties is a decision that is being bet with the most criticism. Another thing to understand is that Audacity is a small lightweight piece of open-source standalone software. But with this new policy, the software might no longer remain offline software. But these are still speculations.

Some years back similar instance occurred when Oracle Corporation had acquired a very popular office suite: Open Office. As users and contributors were not happy with the changes under the new ownership of Open Office, a new fork of Open Office was created. Contribution for this new Open Office alternative, Libre Office had increased in a very short period of time and it emerged as a viable successor of Open Office. Soon Libre Office also replaced Open Office in most of the future Linux distributions. There is already a new fork of Audacity and it is being actively worked on.

But we can also interpret it as a case of incorrectly drafted writing. There can be a possibility that the language used in the new policy changes was understood differently and things got overblown.

References:

Right to Privacy (Post-Puttaswamy Judgment)

In this modern age, information is power. And allowing the government to exercise this power over us is not only a grave breach of our privacy but also a betrayal of the idea on which this nation stands on i.e, free and democratic. And this project by the government doesn’t allow us to be free and democratic as it stands as an obstacle for us to enjoy the right to privacy which means having control over your own personal data and the ability to grant or deny access to others. Even though many might argue that, the right of privacy is nowhere specified under the constitution as a fundamental right, but it has been declared by the SC as implied to the Fundamental Right to Life and Personal Liberty. (Govind v. State of MP SC, 1975)

Apart from the threat of mass surveillance through the AADHAR Scheme, one of the major concerns is the issue of confidentiality of the database. And the same was mentioned in the case of K.S. Puttaswamy (Retd) vs Union of India (SC, 2017). In this case, a PIL was filed against the government in the SC. It was contended that the government was storing all the acquired data in a centralized database without any proper safety measures any private entity can use that data. And it was also contended that the govt. was implementing this project without any legislative backing. It was pointed out that the NIAI Bill, 2010 which introduced in the Rajya Sabha was still pending. That since UIDAI was running on only an executive order, it cannot collect biometric data of citizens as it would be a violation of privacy under Article 21 of the Constitution.

The Supreme Court overruled verdicts given in the M.P. Sharma v. Union of India (SC, 1954) case and the Kharak Singh (SC, 1963) case, both of which said that the right to privacy is not protected under the Indian constitution. And held that all citizens enjoy a fundamental right to privacy, a right that is protected under Article 21 of the constitution.

In 2019, the Bombay High Court (High Court) was given the opportunity to rule on the law of phone tapping and surveillance in the post-Puttaswamy era, applying the principles of the right to privacy to section 5(2) of the Information Technology Act. In Vinit Kumar (Writ Petition 2367/2019) case, a businessman accused of paying bribes to bank staff in order to obtain credit, and challenged certain CBI orders directing the interception of his phone calls, claiming that such orders were ultra-vires of section 5(2) of the IT Act. The Court ruled that intercepting the businessman’s communications was unlawful, overturned the orders, and ordered that any information gathered through the surveillance be destroyed. This case is important in ensuring that fundamental rights are protected and that authorities do not abuse the authority of phone surveillance to target individual people for economic crimes or to evade legal procedures. In the time we live in, it appears that the judgment given in Puttaswamy case will be tested again and again.

Right to privacy

A very fascinating development in indian constitution give dimension to article 21. Article 21 is considered as heart of fundamental rights. It includes right to privacy that is an intrinsic part of right to life and personal liberty guaranteed by part III of the constitution.
Privacy- A state in which one is not observed or disturbed by other people. Legally it is right to be left alone or freedom from interference or intrusion.
In 2012, Justice K.S Puttaswamy, a retired judge of HC , filed a writ petition in SC challenging the constitutional validity of Aadhaar scheme that violates right to privacy. Before, this in MP Sharma vs Satish Chandra,1954 (8 Judge bench) and Kharak Singh vs State of UP, 1964 ( 6 judge bench) government argued that there was no constitutional right to privacy in article 14, 19 and 21. This matter was first placed before 5 Judge Bench and subsequently reffered to 9 Judge Bench on 18 July, 2017.
Issues- Whether Right to privacy is an intrinsic part of right to life and personal liberty under article 21

  • Whether decision in MP Sharma vs Satish Chandra and Kharak Singh vs State of UP is correct in law??
    Judgment
  • A nine Judge bench upheld that right to Privacy is a fundamental right and is protected under article 21.
  • They overruled previous judgements i.e. MP Sharma vs Satish Chandra and Kharak Singh vs State of UP in which it was it held that there is no fundamental right to privacy.
  • Also , the triple test laid down in the judgement to check if it infringe privacy.
    1) Existence of a law that would legalise the collection of data.
    2) The purpose goal is national interest, security etc that justifies collection of data.
    3) Test of proportionality to establish the connection between data collection and the objective which state is claiming to achieve.
  • The SC also said that sexuality or sexual orientation is also protected under privacy. Thus had an impact on SC judgement in one of the leading case i.e. Navtej Singh Johar Case that declare Section 377 of IPC unconstitutional and curtail Right to privacy.
  • The judgement also recognised the right to food as right under larger ambit of privacy.
  • The judgment also stressed on the need for a data protection law to keep data in privacy.
  • Based on triple test, Aadhar was declared constitutional.
    Conclusion
    In this judgement SC declared Privacy to be an integral part of the constitution which comes under the combit of Article 14 to 21 , part 3 and others.
    Article 14,19,and 21 is the golden triangle under which right to privacy is protected.