THE RIGHT TO PRIVACY
Justice K.S. Puttaswamy (Retd.)
v.
Union of India
AIR 2017 SC 4161: 2017 (10) SCALE 1:
2017 (178) AIC 1: 2017 (10)
SCC 1
Decided on: 24-08-2017
Hon’ble Judges: J.S. Khehar, CJI, J. Chelameswar, S.A. Bobde, R.K. Aggarwal,
R.E Nariman, Abhay Manohar Sapre, Dr. D.Y. Chandrachud,
Sanjay Kishan Kaul and S. Abdul Nazeer, JJ.
Facts: Right to privacy has constitutionally protected value.
Issue: Whether privacy is a constitutionally protected value?
Held: (i) Decision in MP. Sharma case overruled which held that right to privacy is not protected by Constitution.
(ii) Decision in Kharak Singh overruled to extent that it held that Right to privacy is not protected by Constitution.
(iii) Article 21 Right to privacy is protected as an intrinsic part of right to life and personal liberty and as a part of freedoms guaranteed by Part III of Constitution.
(iv) Subsequent to Kharak Singh decisions which enunciated the position in (iii) lay down correct position in law.
Majority view: J.S. Khehar, CJI, R.K. Aggarwal, Dr. D.Y. Chandrachud and S. Abdul Nazeer, JJ.
Privacy rights connote to be left alone. Privacy includes at its core the preservation of personal intimacies, the sanctity of family life, marriage, procreation, the home and sexual orientation. Privacy safeguards individual autonomy and recognizes the ability of the individual to control vital aspects of his or her life. Personal choices governing a way of life are intrinsic to privacy. Privacy protects heterogeneity and recognizes the plurality and diversity of our culture. Like other rights which form part of the fundamental freedoms protected by Part III. including the right to life and personal liberty under Article 21, privacy is not an absolute right. A law which encroaches upon privacy will have to withstand the touchstone of permissible restrictions on fundamental rights. In the context of Article 21 an invasion of privacy must be justified on the basis of a law which stipulates a procedure, which is fair just and reasonable. “Privacy has both positive and negative part. The negative part restrains the state from committing an intrusion upon the life and personal liberty of a citizen on the other side the positive part imposes an obligation on the state to take all necessary measures to protect the privacy of the individual.”
Concurring view by J. Chelameswar, S.A. Bobde, R.E Nariman, A.M. Sapre, S.K. Kaul, JJ.
