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.

Equality implies provision for equal oppor­tunities persons for their self-development without any distinction of religion, caste, sex, wealth or status. The Right to Equality has been guaranteed by the Indian Constitution in Articles 14-18.

• Article 14 - Art. 14 of the Indian Constitution say, “The State shall not deny to any person equality before the law or equal protection of the laws within the territory of India”. All are equal before the law. That means, no one can claim any special privilege. Nobody is above the law of the land.
• Article 15 - Prohibition of discrimination on grounds only of religion, race, caste, sex or place of birth.
• Article 16 - Article 16 of Indian Constitution ensures equality of opportunity for all citizens in public employment. It is further provided that in case of public employment the State cannot make any discrimination on grounds only of religion, race, sex, descent, place of birth or residence
• Article 17 - Article 17 of Indian Constitution declares the abolition of untouchability and prohibit its practice in any form. The enforcement men disability arising out of ‘Untouchability’ shall be an offence punishable in accordance with law .
• Article 18 - Article 18 of Constitution of India prevents the State from conferring of title. Besides, no Indian citizen shall accept any title from any foreign state. This is considered to be an important step towards the establishment of social equality in India.

Right to Freedom(Articles 19 - 22)

 There are six rights under this category:-

• Right to freedom of Speech and Expression.
• Right to freedom of peaceful Assembly with out arms.
• Right to form associations or Unions.
• Right to Move freely throughout the territory of India.
• Right to Residence and settle in any part of the Country.
• Right to practice any Profession or carry any Trade, occupations.

Right against Exploitation(Articles 23 - 24 :-

• Article 23 - Article 23 of Indian Constitution declares Prohibition of traffic in human beings and forced labor.
• Article 24 - Article 24 of Indian Constitution states that the  employment of children under 14 years in factories or mines, are punishable offences.

Rights to freedom of Religion (Articles 25 - 28):-

• Article 25 - Article 25 of Indian Constitution clearly enumerates Particulars of freedom of conscience and free profession, practice and propagation of religion.
• Article 26- Article 26 of Indian Constitution  specifies the freedom to manage religious affairs.
• Article 27 - Article 27 of Indian Constitution  states the Freedom as to payment of taxes for promotion of any particular religion.
• Article 28 - Article 28 of Indian Constitution includes freedom as to attendance at religious instruction or religious worship in certain education institutions.

Exception -  Except when it is in the interest of public order, morality, health or other conditions, everybody has the right to profess, practice and propogate his religion freely.

Cultural and Educational Rights (Articles 29 - 30):- 

The Constitution provides that every community can run its own institutions to preserve its own culture and language. The minorities are also given the right to establish and administer educational institutions of their own.

• Article 29 - Protection of interests of minorities.
• Article 30 - Right of minorities to establish and administer educational institutions
• Article 31 - Omitted by the 44th Amendment Act.

Right to constitutional Remedies (Articles 32 - 35):-

• Article 32 - When a citizen finds that any of his fundamental rights has been encroached upon, he can move the supreme court, which has been empowered to safeguard the fundamental rights of a citizen.  This right has been called Soul and heart of the Constitution by BR Ambedkar.