Every human being should be regarded as a very invaluable member of the community with a uniquely free expression of their right to life: Allahabad High Court

A. Allahabad High Court upholds the right to dignity even in Strained Relationships

The Allahabad High Court while displaying zero tolerance in cases of crime against women and denying bail to a rape accused on October 4, 2021 in a latest judgment titled Guruvinder Singh v State Of UP And Anr. [Bail No. 3669 of 2021] has observed explicitly that even if sexually explicit images and videos are captured with the consent of a woman, the misuse of the same can’t be justified once the relationship between the victim and the accused gets strained.

The bench noted the expression(s) “Dignity” and “Privacy”. Dignity is the quality of being honorable, noble, excellent or worthy. With a human regarded as the most supreme living creature, dignity, in its appealing sense, is better referred to as human dignity. It is the conceptual basis for the formulation and execution of human rights and is neither granted by the society nor can it be legitimately granted by the society. An imperative implication of human dignity is that every human being should be regarded as a very invaluable member of the community with a uniquely free expression of their right to life, integrated bodily attributes and their spiritual nature.”

B. It is the duty of the State to Protect human dignity

Regarding “human dignity”, the Hon’ble Apex Court in the case of M. Nagraj v. Union of India, (2006) 8 SCC 2012 expressed that human dignity is a right covered under Article 21. The expression “life” in Article 21 does not connote merely physical or animal existence. The right to life includes right to live with human dignity. It is the duty of State not only to protect human dignity but to facilitate it by taking positive steps in that direction. No exact definition of human dignity exists. It refers to the intrinsic value of every human being, which is to be respected. It cannot be taken away. It cannot be given. It simply is. Every human being has dignity by virtue of his existence.”

C. K. Puttuswamy judgment on Right to Privacy

With regard to “Privacy”, the Hon’ble Apex Court in the case of K.S. Puttaswamy and another v. Union of India and others reported in (2017) 10 SCC 1, held that it is a right covered under Article 21 of the constitution of India. The relevant paras are as under:-

“297. Privacy postulates the reservation of a private space for the individual, described as the right to be let alone. The concept is founded on the autonomy of the individual. The ability of an individual to make choices lies at the core of the human personality. The notion of privacy enables the individual to assert and control the human element which is inseparable from the personality of the individual.

The inviolable nature of the human personality is manifested in the ability to make decisions on matters intimate to human life. The autonomy of the individual is associated over matters which can be kept private. These are concerns over which there is a legitimate expectation of privacy. The body and the mind are inseparable elements of the human personality.

The integrity of the body and the sanctity of the mind can exist on the foundation that each individual possesses an inalienable ability and right to preserve a private space in which the human personality can develop. Without the ability to make choices, the inviolability of the personality would be in doubt. Recognizing a zone of privacy is but an acknowledgment that each individual must be entitled to chart and pursue the course of development of personality.

Hence privacy is a postulate of human dignity itself. Thoughts and behavioural patterns which are intimate to an individual are entitled to a zone of privacy where one is free of social expectations. In that zone of privacy, an individual is not judged by others.

Privacy enables each individual to take crucial decisions which find expression in the human personality. It enables individuals to preserve their beliefs, thoughts, expressions, ideas, ideologies, preferences and choices against societal demands of homogeneity.

Privacy is an intrinsic recognition of heterogeneity, of the right of the individual to be different and to stand against the tide of conformity in creating a zone of solitude. Privacy protects the individual from the searching glare of publicity in matters which are personal to his or her life.

Privacy attaches to the person and not to the place where it is associated. Privacy constitutes the foundation of all liberty because it is in privacy that the individual can decide how liberty is best exercised. Individual dignity and privacy are inextricably linked in a pattern woven out of a thread of diversity into the fabric of a plural culture.

402. “Privacy” is “[t]he condition or state of being free from public attention to intrusion into or interference with one’s acts or decisions” [Black’s Law Dictionary (Bryan Garner Edition) 3783 (2004)]. The right to be in this condition has been described as “the right to be let alone” [Samuel D. Warren and Louis D. Brandeis, “The Right To Privacy”, 4 Harv L Rev 193 (1890)]. What seems to be essential to privacy is the power to seclude oneself and keep others from intruding it in any way. These intrusions may be physical or visual, and may take any of several forms including peeping over one’s shoulder to eavesdropping directly or through instruments, devices or technological aids.

D. Final Words

Crime against women in Indian cities declined by nearly 21 per cent in the pandemic year of 2020, when compared with 2019.However, the period coincided with pandemic. With different lifestyles coming to be adopted the issue of human dignity and basic human rights generally is gaining more importance. The underlying duty of the State to protect the human dignity is important to uphold and protect the basic rights guaranteed. The judgment is an important towards ensuring protection of such rights of an individual.

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