Human beings adopted various social orders to set the things in order according to conditions which suited their dignity. The march of social sciences on theoretical front was the search for specific alignment to be adopted to set precedents for social relations in accordance with LIVE AND LET LIVE. The arrival of Democratic phase with deep respect for human rights struck cord of MINE AND THINE at right place,which otherwise might have accumulated dust on fate of human dignity. In fact the human beings stand at sentinel of species with special attributes,whose essence lies in his mastery over himself along with wide spacial context by exploring the ways and means to bring them in use to enhance his capacity. The position is accorded on certain well defined attributes which distinguish human beings from other creatures. In layman’s language the human beings remain at the centre of gravity around which revolves the essence of universe. Though history traces the evolution of human dignity from ancient times but what comes to us in consolidated form is the conventions adopted on or after wwii with arrival of NEW WORLD ORDER. The phase of democratic revolution with human dignity at the core. But the reality can’t be attached solely to its credit,because other social orders like SOCIALISM also maintained on somewhat different perspective to what we call Economic Rights superceded by Political and social in contrast to capitalist ideology. For better whoever it might be,order revolves at the role and function of human being at his own will. To be precise the order maintains Every human being as autonomous individual of its own,who neither owns to anyone nor debts anything to anyone in dignity as a human being. Thus he has the rights because he’s “human” not because he’s “Being”.
This ideological orientation of HUMAN AND BEING remained at forefront after wwii to determine the social order. Thus human beings possess certain attributes because of their quality BEING as HUMAN. These attributes when recognised by Community through legitimacy of state are called rights. This alignment was put forward by social scientist in saying “HUMAN BEINGS ARE BORN FREE BUT EVERY THEY ARE IN CHAINS”. The ascendency of social contract thinkers was not because of them providing conditions for stable social order but by their claim of Natural Rights as inalienable,thus paving way to their recognition as main condition to adopt any conditions for sovereignty. Back home the constitutional adoption in 1947 was a step to set things in order on exit of colonial government. Though the demand for Fundamental rights was not new but the constitution reshaped previous recommendations in consolidated form through chapter 3 by granting basic fundamental rights to every citizen of country to promote socio political democracy. There are various strictures related to our Constitution but the oft repeated one of it being couched in difficult language is generally accepted. Like “Life and Liberty” are two most worthwhile words in article 21 of FR’S whose meaning is so ambiguous to understand, not talk of their interpretation.
The constitution of India certifies the rule established by law contrary to due process of law as path towards constitutionality of any legislative or executive action.The debate arose to hot burner due to introduction of AADHAR (New and innovative way of identification with sensitive details of citizens) and subsequent challenge for its violation to article 21 by inducing into area which is personal to one’s being. While the case was making no head away the Bench referred case to numerically superior nine judge bench and sought clarity on PRIVACY and subsequently set the ball rolling by providing ample opportunity for Court to review the long pending taint on judiciary of ADM OR infamous HABEAS CORPUS case which clearly spelt the harm of committed judiciary to Gaurdian of constitution by upholding Emergency actions of detaining persons or political opponents in 1976 through 4 judge majority with sole voice of dissent by justice Khanna which cost him his CJI position and subsequent resign thereafter. The court superseded its most controversial stances by amalgamating section LGBT RIGHTS in privacy and thus sending red signals to section 377 which is yet their on its place. The judgement delivered under the unanimous voice was favoured by D Y CHANDRACHUD most emphatically by holding “preservation of personal intimacies, sanctity of family life, marriage procreation, the home and sexual orientation” as FUNDAMENTAL RIGHT TO PRIVACY under article 21. Though the judgement reads it as fundamental not absolute but any invasion must be based on law,need and proportionality. But the certification is a sharp reaction to emerging voice and is shattered blow to one’s who state that “ ours isn’t as much civilized to claim privacy when we are aware of it” in reaction to pending case maintained one such politician.
Supreme court preserved its qui vive position by supporting cause of privacy. The judgement speaks for itself in entirety. The adoption of separation of powers was to maintain a harmonic balance between powers of state and rights of citizens with judiciary on sides to resolve disputes and disburse justice. The courts reached the doors of origin by holding dignity in its place as inalienable to life of will by stating “Privacy connotes a right to be left alone. It safeguards individual autonomy and recognises one’s ability to control his /her life”. The review was in sympathy with essence of HUMAN with clear recognition for insulation to what is deemed to be personal. Though the recommendations from JUSTICE AP SHAH GROUP recommended the privacy earlier but the state adopted blind attitude unless rectified by court. The implications of this judgement are crystal clear with debate now being in favour of Due process in future course of dispite resolution as the SC IN MANEKA GANDHI CASE held that DUE PROCESS IS EMBEDDED IN PROCEDURE ESTABLISHED BY LAW which got its implementation in said case in plain white.
The secular democratic tradition of court was preserved by SC in case by supporting the cause of citizens through states intervention in sphere where the natural justice seems it to be insulated. The judicial sanction for privacy erased the circumspect role of India on international platform as the right enjoys wide legal protection.This judgement brought parity between Indian version to that spirit of article 12 of universal declaration of human rights of 1948 and article 17 of international covenant on civil and political rights which protects person’s against “arbitrary interference” with one’s privacy,family , home , correspondence, honour and reputation. To be more nearer to truth court dissolved the fault lines to bring the law of our country on lines to that of matured democracies. The debate of HUMAN AND BEING ends with a note that it’s former which accords us the sobriquet of DIGNITY while the later supports our cause for mastery over others. The PRIVACY was the honour court acceded to HUMAN facet through judgement and led the case for independent judiciary to logical end. The fight is one its course with adoption of LGBT RIGHTS on world scene we need to shed the past rhetoric by clearly delineating the areas fro every branch with induction of new disputes like social media. Let’s end with the note that PRIVACY IMPLIED THE DIGNITY of humanity which is inalienable to existence of human beings who for the spirit of state. The adoption is adherence to democracy in letter and spirit with everything revolving round autonomous citizens in entirety. I aspire the as ascendency of rights for civilised nation in near future …….
Shahid Majeed Mir can be reached at mirshahid363@gmail.com
