right to information vs right to privacy

(ii)  In  People’s   Union   for   Civil   Liberties   (PUCL)  (supra),  the rights that were perceived as competing with each other were the right to privacy of the spouse of a candidate contesting election  qua  the  voter’s right to information.  In his separate but   near   concurring   opinion,   P.   Venkatarama   Reddi,   J. articulated the position thus: “121. … …When there is a competition between the right to privacy   of   an   individual   and   the   right   to information of the citizen, the former right has to be subordinated to the latter right as it serves the larger public interest. …” (iii)  In  Noise   Pollution   (V.),   in   Re  (supra),  the   rights   that competed   with   one   another,   were   the   rights   enshrined   in Article   19(1)(a)   and   Article   21.   The   clash   was  between 61 individuals and the persons in the neighborhood. This Court held: “11.  Those   who   make   noise   often   take   shelter behind Article 19(1)(a) pleading freedom of speech and right   to   expression.   Undoubtedly,   the   freedom   of speech and right to expression are fundamental rights but the rights are not absolute. Nobody can claim a fundamental right to create noise by amplifying the sound of his speech with the help of loudspeakers. While one has a right to speech, others have a right to listen or decline to listen. Nobody can be compelled to listen and nobody can claim that he has a right to make   his   voice   trespass   into   the   ears   or   mind   of others. Nobody can indulge into aural aggression. If anyone increases his volume of speech and that too with   the   assistance   of   artificial   devices   so   as   to compulsorily expose unwilling persons to hear a noise raised   to   unpleasant   or   obnoxious   levels,   then   the person speaking is violating the right of others to a peaceful,   comfortable   and   pollution­free   life guaranteed   by Article   21. Article   19(1)(a)   cannot   be pressed   into   service   for   defeating   the   fundamental right guaranteed by Article 21. …” (iv) In  Ram   Jethmalani  the right to know, inhering in Article 19(1)(a) and the right to privacy under Article 21, were seen to be in conflict. Right to privacy was asserted by individuals holding bank accounts in other countries. The court had to balance the same with the citizens’ right to know. This Court propounded as follows: “84.  The   rights   of   citizens,   to   effectively   seek   the protection   of   fundamental   rights,   under   clause   (1) of Article 32 have to be balanced against the rights of citizens   and   persons   under Article   21. The   latter cannot be sacrificed on the anvil of fervid desire to find instantaneous solutions to systemic problems such as unaccounted   for   monies,   for   it   would   lead   to 62 dangerous   circumstances,   in   which   vigilante investigations,   inquisitions   and   rabble   rousing,   by masses of other citizens could become the order of the day. The  right  of  citizens to  petition this Court  for upholding of fundamental rights is granted in order that   citizens,   interalia,   are   ever   vigilant   about   the functioning   of   the   State   in   order   to   protect   the constitutional project. That right cannot be extended to being inquisitors of fellow citizens. An inquisitorial order, where citizens’ fundamental right to privacy is breached   by   fellow   citizens   is   destructive   of   social order. The notion of fundamental rights, such as a right to privacy as part of right to life, is not merely that the State is enjoined from derogating from them. It   also   includes   the   responsibility   of   the   State   to uphold   them   against   the   actions   of   others   in   the society, even in the context of exercise of fundamental rights by those others.”