Political Diary 

New Delhi, 25 July 2015

Right To Privacy

NOTHING PRIVATE ABOUT PUBLIC MAN

By Poonam I Kaushish

In this sultry season political Delhi continues to generate heat over the LaMo IPL scandal enmeshing Foreign Minister Sushma Swaraj and Rajasthan Chief Minister Vasundhara Raje and Madhya Pradesh’s Vyapam demanding Chief Minister Shivraj Singh Chauhan heads. Predictably, the Congress-led Opposition has paralyzed Parliament’s monsoon session over your-ghotalas-vs-our-ghooskhori. No matter, it exposes their chaal, charitra and chehra!

Phew, amidst this acrimony, the Government quietly slipped in that there is no fundamental right to privacy. The issue cropped up during arguments in the Supreme Court challenging the validity of the Aadhaar unique ID project, wherein Attorney General Mukul Rohatagi cited a 1954 eight-judge Bench judgment to underscore this. Notwithstanding, various smaller benches and High Courts have adjudicated otherwise.

Undeniably, the AG has set the cat among the pigeons as our rich and mighty who  have been crying hoarse over their right to privacy when caught in a compromising position, read honey trap, delicious two-legged rendezvous or sleaze deals. Till recently, they have treated the right to privacy as an adjunct to the other fundamental rights.

This has resulted in a piquant situation as the Apex Court is already hearing Ratan Tata’s petition contending that the leakage of the Nira Radia tapes vis-à-vis the Rs 1,76000 crore 2G spectrum sleaze have  infringed upon his Fundamental Right to Privacy. True, in a narrow political sense, Tata can take umbrage that it invades his privacy and his Fundamental Right to freedom of speech. But the issue goes far beyond this.

Notably, given our traditionally open society, to have or not to have a law on privacy has never arisen and the reason why the Constitution does not have any provision for it, unlike other countries. Besides, news-value of a VVIP per se is determined by his deeds, misdeeds and misdemeanors and not by his personal status.

However, today the ball game is different, calling for new rules and a new outlook. Whereby, it largely camouflages unabashed opportunism by our Gangs of Wasseypur using their might as right to pulverize society. These new Carpetbaggers will ply whatever you want. Lay down any law, bend any rule, get any order changed, transfer any person and fudge figures.

Towards that end, the right to privacy is paramount for our leaders, bureaucrats, judiciary, industrialists and film stars who detest intense media scrutiny of their affairs for whatever reasons.  Indeed, one can argue this is the price one has to pay for being powerful and famous.

But on the flip side, the aam aadmi couldn’t care less about privacy primarily because he is too busy making his life and has nothing to hide. For him it is a non-issue and much ado about nothing. Besides, ‘public interest’ is not the same thing as what the public is interested in.

After all, private morality has no automatic relationship to someone’s ability to do a job well. Many high profile people have had messy personal lives, while others, with blameless private lives, have been judged failures in office. What the common man expects is accountability and precision.

Raising a moot point: What is the line between public and personal life? Can one be ethical in public if unethical in private? Is one’s private life any concern of the people? Do we have unrealistic expectations of the influential? Should they be the epitome of morality and probity?

Undeniably, those we look up to, hold in high esteem and respect are expected to be a notch above ordinary mortals who don’t easily succumb to human weaknesses and foibles. People who will not easily succumb to human weaknesses and foibles? Caught, they come crashing down.

Moreover, a man’s public life can never be clean if his private life is not. The two are indivisible as a person’s public demeanour is influenced by his character, integrity and values. Thus, the private life of a public person necessarily needs transparency whereby he has no private parts to shield.

Undoubtedly, constant scrutiny is the price of fame. If our leaders want to enjoy their status and the frills that go with it then they should willingly pay the price of absolute integrity and honesty. If a person lies in small things how can one trust him on bigger things? One is either honest or not.

In France, Germany and Denmark access to privacy is an offence. It is an offence to publish information, real or speculative, about an individual’s personal relationships, state of health, private finances or domestic arrangements. It is a criminal offence to intrude on a private place by taking a photograph or making a recording of private conversations. Keeping or using the material is a further offence.

But there is no such right in Britain and, therefore, no right of action in the courts for breach of privacy. However, conventions are followed strictly and honourably. Wherein a politician or professional bows out of office once a serious allegation is made. No matter how important he may be. Many a times, skeletons keep tumbling out of Ministerial and business closets to be given the ‘gay’ boot.

In America, the Press is allowed to publish almost any true material about public figures on the ground that “virtually all human activity reveals the true character of the person”. Remember, ex-President Clinton who barely escaped impeachment for converting the Presidential Oval office into the oral (sex) office, courtesy Monica Lewinsky. And the former Managing Director of MNC Goldman Sachs Rajiv Gupta caught for sharing company secrets with his crony. 

Importantly, India today is at the moral crossroads. We are in an era where our powers-that-be are pulverizing society. Absence of an effective vetting process of their real chehra of our leaders has made things worse.  It is high time to cry a halt to increasing degradation by conducing our own due diligence, else we lay the foundation for a weak society.

In sum, the right to know and being informed are the vital components of strengthening the very root of the society and democratizing the system at the grass root level. An effort made to reveal truth is never wrong. No longer should our leaders, industrialists and decision makers be allowed to hide behind the veil of privacy.

In a milieu where secrecy and paranoia is the hallmark of Government and industry either which way the aam aadmi has a right to know the truth. Indeed, an effort made to reveal truth is never wrong Time for them to change their mindset and part with information. A corruption-free India and its democracy come first. Can anyone argue with this? ----- INFA

(Copyright, India News and Feature Alliance)