PRIVACY AS A FUNDAMENTAL RIGHT: CONJUGAL RIGHTS VIOLATING PERSONAL AUTONOMY IN INDIA

AUTHOR – MS. RISHIKA BAHRI, STUDENT AT AMITY LAW SCHOOL, AMITY UNIVERSITY, NOIDA

BEST CITATION – MS. RISHIKA BAHRI, PRIVACY AS A FUNDAMENTAL RIGHT: CONJUGAL RIGHTS VIOLATING PERSONAL AUTONOMY IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 336-341, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Marriage is an important and sacred institution, especially in a culturally and religiously diverse country like India. It has always been stated that after marriage, husband and wife become one not for just this but for many upcoming lives as well in Hindu Law. Marriage imposes certain marital duties under all matrimonial laws and gives certain legal rights as well. But due to modernization and an open-minded society, this right that forces the partner to live with the other is raising questions. How can courts, which promise to protect the three pillars that are justice, equality, and conscience, decide a ruling for a person who is already on the verge of breakdown to return to the place of their abuse. In today’s world full of competition- career, and comfort are given more importance than forced conjugal associations.

Restitution of conjugal rights also intervenes in the private lives of people as it pushes married couples to stay under one shelter even after they have emotionally detached. Privacy is not only about data and information protection but the right to privacy is an intrinsic part of the right to life and personal liberty under the Constitution of India, 1950. Fundamental rights are available to everyone be the citizen is married or not, so, forcing people to stay together who do not share a liking infringes on their fundamental life. Hence, this research paper delves into the intricate relationship between conjugal rights and individual autonomy within the context of privacy in India. While these provisions were conceived with the intention of fostering healthy relationships, the research highlights how they can inadvertently intrude into the private sphere of individuals.

KEYWORDS – Conjugal Rights, Individual Autonomy, Privacy Rights, Constitutional Jurisprudence, Right to Privacy