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Justice MM Sundresh of the Supreme Court observed that there is a need to codify the law enabling law enforcement agencies to carry out surveillance while ensuring the fundamental rights, including the right to privacy, are safeguarded. “Any action facilitating State machinery must be backed by the authority of law. For that, there must be a codified law that empowers an investigating agency to undertake an act of surveillance. Needless to state, such a law must be subject to the Constitutional mandate, with specific reference to Part III of the Constitution. This would prevent any arbitrary action while preserving the privacy of the individual,” he said. He emphasized that the need of the hour is to take note of the voice and concerns expressed in the Puttaswamy judgment, which held that privacy is a fundamental right. There is a need to uphold privacy through the doctrine of proportionality, the judge explained. A clear demarcation is needed by drawing a Lakshman Rekha during a criminal investigation

(when surveillance is used),” he said. Speaking on the need for surveillance, Justice Sundresh said, “Surveillance and privacy must live and function together. As long as there is privacy, surveillance will certainly continue. The modern world has indeed become a difficult place to live and to maintain peace. The cost of peace is obviously very high. Any State which lacks expert surveillance would be considered a weak one and susceptible to attack from unknown sources. It may also be required in the larger interest of the public.”

Question: Which of the following is not a recognized international human rights instrument that protects the right to privacy?

 

Option: 1

Universal Declaration of Human Rights


Option: 2

International Covenant on Civil and Political Rights

 


Option: 3

European Convention on Human Rights

 


Option: 4

International Convention on the Elimination of All Forms of Racial Discrimination

 


Answers (1)

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The International Convention on the Elimination of All Forms of Racial Discrimination primarily focuses on the prohibition and elimination of racial discrimination rather than specifically addressing the right to privacy. On the other hand, the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and the European Convention on Human Rights explicitly recognize and protect the right to privacy as a fundamental human right.

 

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