right to privacy under article 21 of the indian constitution and related conflicts judicial approach

Abstract

newline Human Rights allowed human beings to fully develop and use their human quality, intelligence and talent and conscience and also to satisfy the spiritual and material needs. They recognized the inherent dignity and fundamental freedoms of all members of human family and were the foundation for all basic freedoms, justice and peace in the world. newlineBasu (1994)1 Human Rights were those minimal rights which every individual must have against the State or other public authority by virtue of his being a member of human family , irrespective of any other consideration. They were based on mankind s demand for a life in which the inherent dignity of the human being would receive respect and consideration. newlineRight to life and personal liberty was the most cherished and pivotal fundamental human rights around which other rights of the individual revolved. The right to life had assumed great significance and a unique place as a fundamental right. Article 21 was the celebrity provision of the Indian Constitution as it guaranteed right to life and personal liberty to citizens and aliens and was enforceable against the State. The new interpretation of Article 21 in Maneka Gandhi s case had ushered a new era of expansion of the horizons of right to life and personal liberty. The wide dimension given to this right now covered various aspects which the founding fathers of the Constitution might or might not have visualized. newline