Anda di halaman 1dari 10

STING OPERATION AND RIGHT TO PRIVACY

MADE BY: Click to edit Master subtitle style PREETI UPRETI

4/15/12

STING OPERATION

Sting Operation is an informationgathering exercise; it looks for facts that are not easy to obtain by simple requests and searches, or those that are actively being concealed, suppressed or distorted. A Sting Operation is an operation designed to catch a person committing a crime by means of deception. A complicated confidence 4/15/12

STING OPERATION IN INDIA

Sting Operations are undertook with a view to look into the working of the govt. or to see whether the acts of any individual is against the public order. On the basis of the purpose Sting Operations can be classified as positive and negative.

4/15/12

Positive Sting Operation is one which results in the interest of the society, which pierces the veils of the working of the government. It is carried out in the public interest. Due to positive sting operation society is benefited because it makes government responsible and accountable. It leads to the transparency in the government
4/15/12

Negative sting operations do not benefit the society, but they do harm the society and its individuals. It unnecessarily violates the privacy of the individual without any beneficial results to the society. These types of Sting operations if allowed then it will hamper the freedom of the individuals and restricts their rights.
4/15/12

JUDICIAL APPROACH

1. Court On Its Own Motion v State Citation: 146(2008) DLT429 2. Raja Ram Pal v The Hon'ble Speaker, Lok Sabha & Others Citation: (2007)3SCC184

4/15/12

The Indian Perspective on Privacy

Privacy is not a subject in any of the three lists in Schedule VII of the Constitution of India. But Entry 97 of List I states: any other matter not enumerated in List II and List III . Thus only the Indian Parliament is competent to legislate on privacy since it can be interpreted as any other matter not enumerated in List II and List III. Till date there is no 4/15/12 specific enactment on Privacy.

Judicial Activism: The Right to Privacy

The Supreme Court of India has come to the rescue of common citizen, time and again by construing right to privacy as a part of the Fundamental Right to protection of life and personal liberty under Article 21 of the Constitution, which states no person shall be deprived of his life or personal liberty except according to procedures established 4/15/12 by law.

1. Kharak Singh v. State of UP In this case the appellant was being harassed by police under Regulation 236(b) of UP Police Regulation, which permits domiciliary visits at night. The Supreme Court held that the Regulation 236 is unconstitutional and violative of Article 21. It concluded that the Article 21 of the Constitution includes right to privacy as a part of the right to protection of life and personal liberty. The Court equated personal liberty with privacy, and observed, that the concept of liberty in Article 21 was comprehensive enough to include privacy and that a persons house, where he lives with his family is his castle and that nothing is more deleterious to a mans physical happiness and 4/15/12

CONCLUSION

4/15/12