Naming a right: 

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Naming a right

Context:

  • The nine-judge Bench determining whether a fundamental right to privacy exists will definitively shape the evolution of our Constitution.
  • What is at stake is nothing less than the terms of a fundamental relationship between citizens of a constitutional democracy and the state.

Explanation:

  • A right to privacy embraces a wide range of things i.e. from preventing the state from watching the citizens without cause, to affirming that citizens can form and choose their identities, to deciding what information about citizens is collected by the state using the force of the law and how that information is processed and made available to whom.
  • Each of these underpinnings of privacy raises different concerns and places different burdens on the state to justify intrusions.
  • Thus, considering everything as ‘personal liberty’ flips the relationship between individuals and the state on its head.
  • Also various fundamental rights share with the right to privacy, the characteristic of being specific forms of liberty.
  • Rights are declared because they protect a value acknowledged as important and distinctive enough to merit constitutional force.
  • And privacy follows the same logic.

Conclusion:

  • Irrespective of the outcome by nine judges, what is far more important is that they have the opportunity to empower each and every person in India with a right that lies at the very core of personal liberty.
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