Validity of Surveillance with respect to Right to Privacy
- Khushboo Tibrewal
- July 22, 2020
Content :
The ancient jurisprudence on privacy can be traced back to the time when there was recognition of public space and private space. It was a popular saying that, “The gate of the house is the threshold beyond which the State cannot enter”. In the mid 1960’s, gradual evolution of privacy took place as a result of which privacy was delinked with house and increased its ambit to protect social institutions like family, marriage and religion from non-interference of the State. This however caused problems in the cases of domestic violence and other marital issues which were impossible to tackle if the privacy of institution is followed. In the 20th century, steps for surveillance were started to be taken up by the government with the aim to protect national security. The surveillance became important as the non-interference by the State over few matters led to commission of various crimes which diluted the security of the nation. This is, however not taken up well by the citizens as they feel that it is an infringement to the privacy. Instances such as the State spying on people, phone tapping, search and seizure, etc. have put the people’s right to freedom and privacy on a debate which is yet to be settled.
This Research paper aims to highlight the history and evolution of the concepts of privacy and the recognition of privacy as a right. It also brings in light the justification of surveillance, its nature and extent through discussions on the Surveillance laws in India, Surveillance Actors, Surveillance systems and supporting it with relevant case laws.
