Right To Privacy Under Article 21: The Heart Of The Fundamental Rights

Deepanshi Tiwari, BA.LLB (H), IILM University, Gurugram

INTRODUCTION

Before getting into the discussion of right to privacy enshrined to us in the fundamental rights let us just know how our nation and its people got here. Before independence people didn’t really had awareness about their rights and for that matter even their duties. Whatever they were denied of, they accepted it without really even asking about its validity or righteousness. With the help of some of our great freedom fighters and leaders, people started to get aware of their rights or for that matter basic dignity of life and freedom.

When India obtained independence on 15 August 1947, the formulation of a constitution for the nation was undertaken by the Constituent Assembly of India that consisted of elected representatives with Dr. Rajendra Prasad as the head. While members of Congress have a majority, Congress leaders nominate people from a variety of political backgrounds as responsible for drafting the country's constitution and laws. Notably, Bhimrao Ramji Ambedkar chaired the writing committee, while Jawaharlal Nehru and Sardar Vallabhbhai Patel chaired the various committees and sub-committees. Significant developments in the period leading up to India's constitution took place on December 10, 1948, when the United Nations General Assembly adopted the Universal Declaration of Human Rights and called on all member states to recognize their constitutional rights.

The Fundamental Rights were included in the 1st Draft Constitution (February 1948), the 2nd Draft Constitution (17 October 1948) and the 3rd and final Draft Constitution (26 November 1949), being prepared by the Drafting Committee.