An Analytical Study On Right To Information Vis-À-Vis Right To Privacy: Two Sides Of The Same Coin

Sanchalika Bhattacharjee, B.A. LL.B (H), Department of Law, University of North Bengal

ABSTRACT

Right to Information Act, 2005 was passed by the UPA (United Progressive Alliance) Government with a sense of pride. It flaunted the Act as a milestone in India’s democratic journey. The Right to Information Act, 2005 is an important landmark for Indian democracy. It promotes transparency and accountability among the public authorities. . The preamble of our Constitution declares that India is a “Sovereign, Socialist, Secular, Democratic, Republic country.” An informed populace is necessary for democracy. Only the people will be able to enjoy their fundamental right of freedom speech and expression enshrined under Article 19(1)(a) of the Constitution, if there is an open government and they have access to information. On the other hand, Article 21 is the heart of the Constitution of India and the Right to Privacy is implicit in the Right to life and personal liberty guaranteed to all person (citizens and non-citizens) by Article 21. It means that a person has a right to safeguard the privacy of his own, family, marriage, procreation, motherhood, child-bearing and education. It is a “Right to be let alone.” Right to privacy is an important concept under the human rights principles as privacy was the part and parcel of human life from the beginning of human history. Basically, Right to Information gives access to information; on the other hand, the Right to Privacy safeguards it. Furthermore, both these rights intend to protect citizens’ rights from Government overreach. This article mainly aims to explore the relationship between Right to Information and Right to Privacy. Additionally, the author has endeavoured to discuss the conflicting areas between right to information and right to privacy. Last but not the least, the author has tried to provide a fruitful conclusion which will help to understand the topic more easily and will help to make further researches on this topic.