Technology entered our homes without knocking on the door: SC on privacy
How it thereafter works out in its inter-play with other fundamental rights and when such restrictions would become necessary would depend on the factual matrix of each case.
The Supreme Court said that technology has entered a citizen's house without even knocking on the door. This is equally possible by state and non-state actors, the Constitution Bench of the SC observed while holding that Right to Privacy is a fundamental right.
In its observations, the court said, it was rightly expressed on behalf of the petitioners that the technology has made it possible to enter a citizen's house without knocking at his/her door and this is equally possible both by the State and non-State actors.
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It is an individual's choice as to who enters his house, how he lives and in what relationship. The privacy of the home must protect the family, marriage, procreation and sexual orientation which are all important aspects of dignity.
If the individual permits someone to enter the house it does not mean that others can enter the house. The only check and balance is that it should not harm the other individual or affect his or her rights. This applies both to the physical form and to technology.
In
an
era
where
there
are
wide,
varied,
social
and
cultural
norms
and
more
so
in
a
country
like
ours
which
prides
itself
on
its
diversity,
privacy
is
one
of
the
most
important
rights
to
be
protected
both
against
State
and
non-State
actors
and
be
recognized
as
a
fundamental
right.
How it thereafter works out in its inter-play with other fundamental rights and when such restrictions would become necessary would depend on the factual matrix of each case. That it may give rise to more litigation can hardly be the reason not to recognize this important, natural, primordial right as a fundamental right.
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