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:
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
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
The doctrinal foundations of the claim to privacy.
The content of privacy.
The nature of the regulatory power of the State.
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.
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
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.
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