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Supreme Court Rules Privacy as a Fundamental Right

Fundamental rights are the basic rights of the people of India and were mainly seen as a chapter of Civics in school. However, the Fundamental Rights Chapter of the Constitution of India now has a new addition as the supreme court finally ruled that right to privacy is a fundamental right. The basic fundamental rights are Right to equality, Right to freedom, Right against exploitation, Right to freedom of religion, Cultural and Educational rights and Right to constitutional remedies. The supreme court has stated that privacy is intrinsic to right to life. The list of fundamental rights is protected under the law, and the addition of privacy to this list comes as a relief for many. Right to Privacy a Fundamental Right, Rules Supreme Court: Highlights of The Judgment.

The fundamental rights of many liberal democracies are similar as equality before the law, freedom of speech and expression and cultural and religious freedom are all a part of the basic fundamental rights. However, there were traditionally six important fundamental rights according to the Indian Constitution. These rights are protected by the law and are defined as the basic human rights of all citizens. Abiding by the fundamental rights chapter, there is a list of fundamental duties that need to be followed by the Indian citizen. Here is the list of fundamental rights in India.

  1. Right to Equality : Right to Equality is the first fundamental right brought the end of untouchability. This right stands for the principle of equality before law as well as the social equality and supports non-discrimination of people on any basis. This right also states that every Indian citizen is equal in front of the law and prohibits discrimination on the grounds only of religion, race, caste, sex, place of birth, or any other grounds.
  2. Right to Freedom : Right to freedom includes articles on freedom of speech, expression and assembly and is one of the most important of the fundamental rights. There are six frames under which freedom is made available to Indian citizens under this right. in addition to the three main rights of speech, expression and assembly, this fundamental right also provides freedom of association, profession, movement throughout the territory of our country and freedom to reside and settle in any part of India.
  3. Right against Exploitation : These rights help to prevent exploitation of the weaker section i different sectors by the state, organisations as well as individuals. Forced labour, working without labour, human trafficking, child labour and other illegal and ethically injust acts are prohibited by this fundamental right. The Bonded Labour system (Abolition) Act, 1976 was enacted by the Indian parliament in support of this basic right.
  4. Right to Freedom of Religion : India is a secular country and right to freedom of religion to all its citizens ensures that all states treat all the religions neutrally. Every Indian citizen has religious freedom and can follow any religion of their choice. Right to freedom of religion also promotes a right to preach, practice and propagate any religion of their choice and guarantees freedom of conscience to all Indian citizens.
  5. Cultural and Educational Rights : The cultural and educational rights includes the right to education and helps to conserve various heritages of minorities and protect them from discrimination. This fundamental right safeguards the minorities and prohibits discrimination against any citizen for admission into any educational institutions based on religion, race caste or language, subject to reservations in the state. This fundamental right also allows minorities to set up and administer educational institutions to preserve their heritage.
  6. Right to Constitutional Remedies : 

    Right to Constitutional Remedies allows Indian citizens to approach the Supreme Court of India to protect their fundamental rights. The SC has rights to protect the fundamental rights of citizens even against private bodies, and can also award compensation to the affected individuals. The Supreme Court of India is seen as a designated protector of these rights by the Constitution.

    The Supreme Court received several petitions stating that the Aadhaar scheme as a violation of privacy and after profound discussions and a nine-judge Bench of the Supreme Court ruled that privacy is a fundamental right. This ruling has a direct effect on Aadhaar card being made mandatory.

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