Public Administration Mains 2018 : Model Question and Answer - 58
Public Administration Mains 2018 : Model Question and Answer
(Public Administration Paper II / Chapter: Law and Order Administration)
Question: Do you think Right to
Privacy is now also a Right against torture. Give your arguments. (15 Marks/200
Model Answer :
Nakedness and the shame of nudity, was used as a tool to be vengeful against
accused persons. All these instances of police brutality and torture in custody
are gross violations of the right to privacy.
Existing laws already declare that it is a crime to torture, that police officials cannot strip the accused in jail as punishment, that a young boy cannot simply be stopped on the road for talking to a girl and for having a funky haircut. It is common sense and it is also a crime but what the judgment does is to provide a lethal tool with which to advance this fight.
The judgment talks of the ‘right to be left alone’, the right to human dignity and refers to the Francis Coralie judgment which held that Article 21 includes the right to protection against torture.
The Puttusamy judgment reiterates that every person has a right to human dignity and that means a right against bodily violation, one which the State cannot claim immunity against.
Training programs can now specifically include references to the judgment and focus on the right to privacy as an integral part of the right against torture, both of which flow from Article 21. (Total Words- 186)
Valuable inputs from The Indian Express Article titled ‘Right to privacy is now also a right against torture’ by Urmila Pullat
(Linkages: Law of the land and Right to Privacy, Right to Privacy and Right against Torture, Right against Torture and Right to Human Dignity)