RIGHT TO PRIVACY WITH REFERENCE TO: KHARAK SINGH VS STATE OF UTTAR PRADESH AIR 1963 SC 9235

AUTHOR: HIBA IRFAN KHAN, STUDENT AT FACULTY OF LAW, ALIGARH MUSLIM UNIVERSITY

Best Citation – HIBA IRFAN KHAN, RIGHT TO PRIVACY WITH REFERENCE TO: KHARAK SINGH VS STATE OF UTTAR PRADESH AIR 1963 SC 9235, JOURNAL OF RESEARCH ETHICS (JRE), 1 (1) of 2023, Pg. 24-27, APIS – 3920 – 0019 | ISBN – 978-81-961097-1-4.

ABSTRACT

Indian Constitution has faced several constitutional developments over time. Jurists have played a crucial role in shaping the laws and adding essential provisions in it.  In order to protect the real essence of the individual’s fundamental rights, a number of amendments have been made in the existing laws through judicial decree or a case law. This article emphasises on the right to life and personal liberty and the wide scope of it, which initially did not cover the ‘Right to Privacy’ under its ambit. Right to privacy which is a basic human right and hence need to be highly recognised in the laws of the land, took several years to get acquainted in the provisions of Indian laws. It is the matter of high concerns how the absence of the provision under the laws affected the life of the people. Due to this, there are many judgements which could not be made in the favour of the petitioners, Kharak Singh vs State of Uttar Pradesh is one those kind of judgements the Indian history. This article with the help of the above mentioned case, highlights the importance of the importance of right to privacy in the lives of the ordinary citizens with a detailed case study.

KEY WORDS:  Right to Privacy, Fundamental Rights, Article 21, U.P. Police Regulation Act, Habitual offender