blog-banner

Right to Privacy

             


Aman Dev

The Nine Member Bench in three separate judgements gave its verdict and defined the right of privacy in India in the case of Justice K.S. 'Puttaswamy (RETD.) and Anr. Versus Union of India'.

The Court was called upon to decide various important issues relating to the Right of Privacy in India. Some of the issues were:

  1. Whether there is a constitutionally protected right, whether this has the character of an independent fundamental right or whether it arises from within the existing guarantees of protected rights such as life and personal liberty.

  2. If there is a constitutionally protected right, whether this has the character of an independent fundamental right or whether it arises from within the existing guarantees of protected life such as life and personal liberty.

  3. The doctrinal foundations of the claim to privacy.

  4. The content of privacy.

  5. The nature of the regulatory power of the State.

In this matter it was argued for the Union Government by Mr. K.K. Venugopal, Learned Attorney General that the right of privacy may at best be a common law right, but not a fundamental right guaranteed by the constitution. The Court, however, did not agree.

THE GIST OF THE JUDGEMENT:

The Hon'ble Court has unanimously held that:

  • The Right to Privacy to be a fundamental right under Article 21 and other fundamental freedoms contained in Part III of the Indian Constitution.

  • The right to privacy is protected as an intrinsic part of the right to life and personal liberty under Article 21 and as a part of the freedoms guaranteed by Part III of the Constitution.

  • The Court held that right to privacy means the right to be left alone.

  • The Court also held that privacy does not only mean physical privacy but includes digital privacy and no authority can share personal data without a person's consent.

  • The Supreme Court held that the right to privacy are part of the natural right inherent as a person.

  • The Court also held that the right to privacy extends to sexual orientation of a person.


About the Author:

Advocate


Post Your Comment

Post Your Comment

Other Publications By the Author

Right to Privacy

Lady Justitia the Goddess of Justice

Laws on Prevention of Cruelty to Animals in India


The contents of this Blog are the author's personal views. The Author has the sole liability and responsibility for the same. The website "www.worldlawcentre.com" or its owners shall have no responsibility or liability, of any kind whatsoever, for the same.