Kharak Singh Vs. Privacy In Court Case Study

The right to freedom of speech and expression is guaranteed under Article 19(1) (a) of the Indian Constitution. Restrictions on the exercise of this right are found in Article 19(2) that can be enforced by the State and are in the interests of sovereignty and integrity of the state, the security of the state, friendly relations with foreign states, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offense. When conflict between the right to freedom of expression and the right to privacy comes in consideration, traditionally there has always been a question about the relative weight of privacy and expression. One of the significant features of a democracy is that it values a person 's right to express opinions even when it is in conflict with another 's right to privacy. At the same time, restrictions like national security or public interest can detract from both expression and privacy. However, it is interesting to note that the right to privacy was actually derived in part from the right to freedom of speech. In the case of Kharak Singh v. The State of U.P the

Courts, including the European Court of Human Rights, have elaborated the scope of this right in a number of cases. These cases, however, rarely involve conflicts between privacy as a human right and freedom of expression. Conflicts between privacy and freedom of expression commonly arise where non-State actors, such as the media or authors, publicise private matters. The legitimacy of these claims has been tested in a number of cases in countries which provide legal protection for privacy. In such cases, Courts have had to balance privacy interests against constitutional or international guarantees of freedom of