Kazi Karimuddin, who wanted to make right to privacy fundamental right

By Moin Qazi*
Vidarbha has been a fertile soil for many social reformers and intellectuals. It has played an active role in the nation’s destiny and its social, cultural and political rivulets have flown into and enriched the great sea of national civilization. One such luminary who emerged from Yavatmal was Kazi Syed Karimuddin. He rose to be a great criminal lawyer of the region and played a critical role in the drafting of the Indian constitution.
Kazi Karimuddin was born on 19 July 1899, at Darwah in Yavatmal district of Maharashtra to Kazi Syed Nasiruddin and Dayanath Begum. He had his school education at Mohamedan High School, Amravati. He graduated from Morris College, Nagpur and obtained his postgraduate degree in economics from Aligarh Muslim University. He later qualified for law. He married Qadirunnisa Begum (May 24, 1926) .
Kazi Karimuddin had an active presence in social, legal, judicial and political circles in Yavatmal. He was Vice Chairman, District Council (1924-28) Sub-judge (1928-31) President, Anjuman Middle School (1932-37) and Public Prosecutor (1939-45). He was member of Constituent Assembly (1947-50) and of Madhya Pradesh Assembly (1947-52) (at that time Madhya Pradesh was known as the Central Province). Following that, he was a member of the Rajya Sabha (the upper house of the Indian Parliament) from 1954 to 1958. He died on 14 September 1977.
Kazi Karimuddin moved an amendment in the Constituent Assembly on the lines of American Constitution to make right to privacy a fundamental right but Dr. B.R. Ambedkar gave it only reserved support. Article 20 provides that no person shall be convicted of any offence except for violation of a law in force at the time of the commission of the act; that no person shall be prosecuted and punished for the same offence more than once; and that no person accused of any offence shall be compelled to be a witness against himself.
Endowed with rare forensic skills, Kazi Karimuddin’s vast experience and insights gave him an uncanny knack for unraveling the anatomy and pathology of crimes. He was always apprehensive of the pervasive scope of the intrusive lens of the state as well as private agents. He considered privacy a vital constituent of a healthy constitutional polity since India’s large population of minorities had become vulnerable due to the emerging communal situation. He wanted that the following be added as clause (4) in article 20:
“The right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures shall not be violated and no warrants shall issue but upon probable cause supported by oath or affirmation and particularly describing the place to be searched and the person or things to be seized.”
He said: “This is very important amendment. You will be pleased to find that this finds place as article 4 in the American Constitution and in the Irish Constitution there are clauses (2) and (5) which are similar and in the German Constitution there are article 114 and 115 on the same lines. In the book of Dr. Ambedkar—Minorities and States—on page 11, item No. 10, a similar provision has been made. What is the situation in India today? …Arrests are made without warrant and searches without justification. We are being governed by lawless laws and there is no remedy for the redress of grievances on account of unauthorized arrests and searches.”
Dr. Ambedkar pointed out that this clause was already in the Criminal Procedure Code, and was therefore a part of Indian law, but also acknowledged that it may be desirable in the interests of personal liberty to ‘place these provisions beyond the reach of the legislature’. Despite Ambedkar’s support the amendment was negatived.
However the Karimuddin amendment in the Constituent Assembly re-emerged through the process of judicial engineering in Kharak Singh v. State of U.P where the court discussed the relationship between surveillance and personal liberty (personal liberty being guaranteed by the Constitution) and found that unauthorised intrusion into a person’s home would interfere with her right to personal liberty. The court recognised “the right of the people to be secure in their persons, houses, papers, and effects” and declared that their right against unreasonable searches and seizures was not to be violated.
Kazi Karimuddin was also the key persona in the deliberations on the Uniform Civil Code in the Constituent Assembly. He argued:
“The people outside and the members of the Constituent Assembly must realize that a Muslim regards the personal law as part of the religion and I really assure you that there is not a single Muslim in the country—at least I have not seen one—who wants a change in the mandatory provision of religious rights and personal laws, and if there is anyone who wants a change in the mandatory principle, or religion as a matter of personal law, then he cannot be a Muslim.”
Kazi Karimuddin had three sons and five daughters. Though he was a staunch opponent of the UCC, he was a very progressive and forward-looking Muslim who educated his children at the country’s premier educational institutions. Since Yavatmal did not have adequate facilities for higher learning, he sent his daughters to Hyderabad to pursue postgraduate courses at Osmania University which was a renowned educational hub for women. His sons-in-law also excelled in their respective fields: Nizamuddin Ahmed (LLM) was trained in UK in Labour Law and retired as Deputy Commissioner- Labour, Maharashtra; Syed Mukassir Shah was former Chairman of the Andhra Pradesh Legislative Council; Justice M.M. Qazi was former Chairman of the Maharashtra Administrative Tribunal and retired judge of Bombay High Court; and Dr Mirza Basheer Baig was an orthopedic surgeon (FRCS) in UK.
The life of Kazi Karimuddin serves as a beacon to modern day Muslims who are now at the most challenging crossroads in history.
—
*Development expert

Comments

Gujarat Information Commission issues warning against misinterpretation of RTI orders

By A Representative The Gujarat Information Commission (GIC) has issued a press note clarifying that its orders limiting the number of Right to Information (RTI) applications for certain individuals apply only to those specific applicants. The GIC has warned that it will take disciplinary action against any public officials who misinterpret these orders to deny information to other citizens. The press note, signed by GIC Secretary Jaideep Dwivedi, states that the Right to Information Act, 2005, is a powerful tool for promoting transparency and accountability in public administration. However, the commission has observed that some applicants are misusing the act by filing an excessive number of applications, which disproportionately consumes the time and resources of Public Information Officers (PIOs), First Appellate Authorities (FAAs), and the commission itself. This misuse can cause delays for genuine applicants seeking justice. In response to this issue, and in acc...

'MGNREGA crisis deepening': NSM demands fair wages and end to digital exclusions

By A Representative The NREGA Sangharsh Morcha (NSM), a coalition of independent unions of MGNREGA workers, has warned that the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) is facing a “severe crisis” due to persistent neglect and restrictive measures imposed by the Union Government.

A comrade in culture and controversy: Yao Wenyuan’s revolutionary legacy

By Harsh Thakor* This year marks two important anniversaries in Chinese revolutionary history—the 20th death anniversary of Yao Wenyuan, and the 50th anniversary of his seminal essay "On the Social Basis of the Lin Biao Anti-Party Clique". These milestones invite reflection on the man whose pen ignited the first sparks of the Great Proletarian Cultural Revolution and whose sharp ideological interventions left an indelible imprint on the political and cultural landscape of socialist China.

Gandhiji quoted as saying his anti-untouchability view has little space for inter-dining with "lower" castes

By A Representative A senior activist close to Narmada Bachao Andolan (NBA) leader Medha Patkar has defended top Booker prize winning novelist Arundhati Roy’s controversial utterance on Gandhiji that “his doctrine of nonviolence was based on an acceptance of the most brutal social hierarchy the world has ever known, the caste system.” Surprised at the police seeking video footage and transcript of Roy’s Mahatma Ayyankali memorial lecture at the Kerala University on July 17, Nandini K Oza in a recent blog quotes from available sources to “prove” that Gandhiji indeed believed in “removal of untouchability within the caste system.”

Targeted eviction of Bengali-speaking Muslims across Assam districts alleged

By A Representative A delegation led by prominent academic and civil rights leader Sandeep Pandey visited three districts in Assam—Goalpara, Dhubri, and Lakhimpur—between 2 and 4 September 2025 to meet families affected by recent demolitions and evictions. The delegation reported widespread displacement of Bengali-speaking Muslim communities, many of whom possess valid citizenship documents including Aadhaar, voter ID, ration cards, PAN cards, and NRC certification.

Subject to geological upheaval, the time to listen to the Himalayas has already passed

By Rajkumar Sinha* The people of Uttarakhand and Himachal Pradesh, who have somehow survived the onslaught of reckless development so far, are crying out in despair that within the next ten to fifteen years their very existence will vanish. If one carefully follows the news coming from these two Himalayan states these days, this painful cry does not appear exaggerated. How did these prosperous and peaceful states reach such a tragic condition? What feats of our policymakers and politicians pushed these states to the brink of destruction?

India's health workers have no legal right for their protection, regrets NGO network

Counterview Desk In a letter to Union labour and employment minister Santosh Gangwar, the civil rights group Occupational and Environmental Health Network of India (OEHNI), writing against the backdrop of strike by Bhabha hospital heath care workers, has insisted that they should be given “clear legal right for their protection”.

Rally in Patna: Non-farmer bodies to highlight plight of agriculture in Eastern India ahead of march to Parliament

P Sainath By A Representative Ahead of the march to Parliament on November 29-30, 2018, organized by over 210 farmer and agricultural worker organisations of the country demanding a 21-day special session of Parliament to deliberate on remedial measures for safeguarding the interest of farm, farmers and agricultural workers, a mass rally been organized for November 23, Gandhi Sangrahalaya (Gandhi Museum), Gandhi Maidan, Patna. Say the organizers, the Eastern region merits special attention, because, while crisis of farmers and agricultural workers in Western, Southern and Northern India has received some attention in the media and central legislature, the plight of those in the Eastern region of the country (Bihar, Jharkhand, West Bengal, Orissa, Chhattisgarh and Eastern UP) has remained on the margins. To be addressed by P Sainath, founder of People’s Archive of Rural India (PARI), a statement issued ahead of the rally says, the Eastern India was the most prosperous regi...

'Centre criminally negligent': SKM demands national disaster declaration in flood-hit states

By A Representative The Samyukt Kisan Morcha (SKM) has urged the Centre to immediately declare the recent floods and landslides in Punjab, Himachal Pradesh, Jammu & Kashmir, Uttarakhand, and Haryana as a national disaster, warning that the delay in doing so has deepened the suffering of the affected population.

Counterview

Search This Blog