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PUBG and The Right To Privacy: Drawing A Contrast Between the Contemporary Ban

It is very correctly and righteously mentioned A Human Being has three type and categories of rights and lives which are public, private and secret, with all the due precautionary and absolutory conditions mentioned in the Indian Constitution it is fair that all rights are not absolute or infinite and some fall within the boundaries and limitations of putting a regulation on them.

There have been numerous instances in the past where the Right to Privacy has been recognized to be breached and contravened by the laws passed by the corresponding bodies, for instance, the provision 377 of the Indian Penal Code which imposed a forfeiture and construed the ambit of the extant Unnatural Offences, but it has been observed that any such law which violates any of the Fundamental Rights is accountable to be annulled out to ensure pellucidity and constitutional pre-eminence, which was metamorphosed in the case of Section 377 being struck down on the grounds of tampering the benchmarks of  Right To Privacy.[i]

Article 21 of the Indian Constitution administers for the Right to Privacy and it has been exclusively a looming part of an individual's life even before it's convocation in the statutes. However, there have been numerous conditions where the same is breached or violated on the grounds of public interest but when the ground seems to be unjustified or gratuitous, then such grounds shall indeed be subjected to the mechanism and proceedings of the power of Judicial Review duly vested with the Ho'ble Supreme Court of India which is also known as the Safeguard of Fundamental Rights.

Player Unknow's Battlegrounds which is likely known as PUBG is a game that has involved numerous deliberations involving the usage of triggerable guns, the noise and after-effects of which are proven to be adverse and catastrophic to normal human being's sense of audition and distinguishing. This particular game involves an altercation between 100 participants or competitors out of which only 1 member or 1 team is the winner.

The validity of this game has been challenged on diverse grounds one of which involves that this game composes an individual operating on the Game Lobby into an environmentally and socially weak human being, the other arguments revolve around the corner that this particular game infringes and contravenes the social life of the people and thus is against the norms and regulations being speculated and anticipated to be followed in our nation.

Past Preview & Legality of PUBG

Numerous users are performing online and using or frisking the game PUBG, but the same game has been asserted and denounced in the doors of the open court for weakening the nervous system of the human beings who interact with the interface of the game.

There have been numerous instances in the past where it has been observed that people playing this game have been arrested for the discharge and application of the same in public parks and public atmosphere. For a convinced period, the utilization and expenditure of PUBG was penalized in the state of Gujarat under Section 144 of the Indian Penal Code. [ii] The justification for which was administered that it is righteous according to the rule of law and it is weakening and hurting youth lings, which therefore can be demonstrated and settled to be as a source of dread for the upcoming generation.

Because, it is righteously said that:
If you want to determine the future of a country, observe the youth of such country and it has been correctly justified that PUBG was banned as a step of establishing and assuring that the future of the country is indeed in honourable and ethical hands.

Most of us have discovered numerous news in the pasts where the individuals had gone far off in the spate and rush by committing heinous crimes like that of theft from their parents to ensure that his Royal Points or In-game Credits reach to the 100 or the maxed-out level. And, numerous teenagers have committed suicide because of them regularly playing the game and not reaching the emotional satisfaction of winning the game or winning Chicken-Dinner, which is what winners are entitled to in this particular game.

Article 21,19 and 14 of the Indian Constitution were alleged, mentioned, and indicated to be infiltrated by the ban imposing authorities when they were penalizing the use of PUBG in their respective states and this was one of the reasons why the particular ban was waived off. [iii]

The PlayerUnkow's Battlegrounds gives the persons using the interface to take strides to ensure that his consumption on the interface is curbed and preserved to a finite degree and breadth, which also does not distress the comprehensive advancement of his thinking technicalities. Also, there are several options present onboard which ensure that the blood which is splattered while shooting an enemy is replaced by a colorful spray to ensure that it does not vacillate the mindful capacities of the consumers.

And, there have been numerous ongoing deliberations that if a person wants to and therefore carries the desire and make use of the interface of the game, then he can go ahead and do so because the person has the safeguard which ensures protection and preservation under the Article 21 of the Indian Constitution giving him equivalent freedom and excuse to exercise his Right to Privacy under all given due circumstances.

Recent Ban And Conclusion
There have been numerous instances in the past where it has been proved that penalizing the use of PUBG would be an infiltration of the Right to Privacy illustrated under the respectable Indian Constitution and also where the people using the particular game only consume it for a particular purpose of recreation and refrain off the game when that purpose is fulfilled, then such ban should, in any case, be lifted off.

Although, it is believed in good faith, that the state shall take certain steps to control the outgoing cybercrimes on the contemporary servers existing on such similar games and the loss of money which is happening because of theft to purchase In-game credits.

Even though, a ban was being considered in the past by the Indian Government to be imposed on PUBG, which left the gamers in a distressed situation. But it is believed that the state has the right to exercise this option if this game possesses a threat to national security. [iv]

However, the Indian Global Revenue from the game has been estimated in an enormous amount. The game is approximated to a global gain of more than 9000 crores which rose its aggregate total career earnings above 20 thousand crores. The game attained more than 170 million downloads which placed it on the rank of conquering the highest number of downloads.[v]

Player Unknow's Battlegrounds have been contemporarily imposed a ban on, in the view of on-going pressure and strain between India and China at the Line of Actual Control.[vi] The approach of privacy has been widened under the purview of Indian Constitution,[vii] and also numerous gamers take the path of Right to Privacy when determined and criticized for using the app features heavily and abundantly.

In the case of Kharak Singh v. State of Uttar Pradesh,[viii] the scope of Right to Privacy was widened regarding the ambit of numerous minorities existing in the contemporary society and declared that Right to Privacy included the right to shelter one's intimate liberty and the right to evolution and development.

In the case of R. Rajagopal v. Union of India, [ix] The Supreme Court declared that the Right to Privacy is a chunk of the Right to Personal Liberty approved and insured under Indian Constitution. [x] However, in the light of present-day ban, it was fundamental and was lugged in the National Security Interest, and therefore cannot be changed in the court of law.[xi]

There have been deliberations amongst mainly the youth of the society that it shall be an individual's choice to play such a game, and it accounts as the right to one's privacy.[xii] However, because of the in game choices available to the users, this game is currently widely being used irrespective of its addictive nature. But it is believed that appropriate awareness needs to be created amongst the youths to ensure that innocent lives are not lost and the youth contribute towards betterment of the nation.

End-Notes:
  1. Navtej Singh Johar v. Union of India thr. Secretary Ministry of Law and Justice, (2018) 10 SCALE 386.
  2. Tanishk Goyal, The Criminalization of PUBG in Gujrat: A Frivolous Affair?, Law & Other Things (Oct 18, 2019), https://lawandotherthings.com/2019/10/the-criminalization-of-pubg/.
  3. Id.
  4. Ritu Singh, Is PUBG Set to be Banned in India? Gamers are Scared After 275 Chinese Apps are On the Radar, The India (July 28, 2020, 2:14 PM), https://www.india.com/viral/is-pubg-set-to-be-banned-in-india-gamers-are-scared-after-275-chinese-apps-are-on-the-radar-see-memes-4095564/.
  5. PUBG Mobile's lifetime revenue hits $3bn, Inia tops download chart, The Tribune (July 04, 2020, 10:15 AM), https://www.india.com/viral/is-pubg-set-to-be-banned-in-india-gamers-are-scared-after-275-chinese-apps-are-on-the-radar-see-memes-4095564/
  6. Pankaj Doval, Online Battleground: India Bans 118 more apps, including PUBG, The Times of India (Sep. 03, 2020, 9:46 PM), https://timesofindia.indiatimes.com/india/online-battleground-india-bans-118-more-apps-including-pubg/articleshow/77900098.cms.
  7. Indian Const. Art. 21.
  8. AIR 1963 SC 1295.
  9. AIR 1995 SC 264.
  10. Supra note 3.
  11. The Information Technology Act 2000 69 cl a.
  12. Supra note 4.

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