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My Notes 25-AUG-2017 25-08-2017

Dear Students,

Please follow My Notes and My Video 25-AUG-2017.


Privacy is a fundamental right, declares SC

  1. SC of India held that privacy is intrinsic to life and liberty and an inherent part of the Fundamental rights enshrined in the constitution.
  2. Privacy is the constitutional core of human dignity. Privacy ensures the fulfillment of dignity.
  3. Irrespective of socio economic status, dependance on the state for economic well being – every person needs civil and political rights.
  4. Privacy is not an absolute right. The Government can introduce law which intrudes in to privacy fro public and legitimate state reasons.
  5. The right to be left alone is an inalienable part of being human, they are natural and inherent, constitution only recognizes them and makes them explicit.
  6. Information privacy is a facet of the right to privacy. SC calls for robust data protection. It is essential not just against the state, but also from non state actors.


The present Judgement has a global significance. Internationally, Privacy enjoys a robust legal framework. Now, India joins in the same league. Art 12 of the Universal declaration of human rights, 1948 and article 17 of the international covenant on civils and political rights,1966 legally protects persons against the arbitrary interference with one’s privacy, family, home, correspondence, honor and reputation.


Caste and class.

Caste based categorization is prioritised over income based differentiation to identify reservation beneficiaries. It is clearly visible in recent Government attempt to sub categories the OBCs. On one side, Government has increased ceiling of creamy layer to 8 lakh rupees and it is in cross purpose with the objective of sub categorization.

Rise in ceilings helps people with higher incomes  to enjoy reservation benefits. Sub categorization is to differentiate among the caste groups to benefit the people who are not benefitted as of now.

So, In this case political objective overweight economic objective.


End game for section 377?

Section 377 of the the indian penal code criminalizes acts against the order of nature. It has come from Christianity and many of the countries in the west are abandoning it. It is violative of privacy and equality. Supreme Court can dismiss section 377 as unconstitutional on the premise of violation of privacy. It shall be understood that it is also violative of right to equality before the law.


Is Prasar Bharati its masters voice ?

Public sector undertakings are created with a purpose different from private sector entities. Their performance can not be judged by monetary outcomes alone. In case of Prasar Bharati, primary duty is to inform, educate and entertain the public. It is not expected to play to the gallery alone.

On the other side, Prasar Bharati is functioning under the tight control of I&B ministry. It’s finances, Human Resources are controlled by the ministry. So, there is an essential requirement for autonomy, decentralisation and devolution of power with in the Prasar Bharati. Management is expected to be professional and Bureaucracy shall be reoriented to make it efficient, innovative and creative. Operational and internal processes should be transparent to reduce collusion and corruption.




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