Q. ‘Right to Privacy’ is protected under which Article of the Constitution of India?
Why this Question) Puttaswamy case, Aadhaar debate, New IT Guidelines etc.
Exp) Option c is correct.
The nine –judge Constitutional Bench of the Supreme Court in Justice K. S. Puttaswamy (Retd.) and Anr. vs Union Of India And Ors (2017) has ruled that individual privacy is intrinsic to life and liberty and an inherent part of the fundamental rights enshrined in the Article 21 of the Constitution.
What are the various features of Right to Privacy?
- Privacy is a constitutionally protected right emerging primarily from the guarantee of life and liberty in Article 21 of the Constitution.
- It includes the preservation of personal intimacies, sanctity of family life, marriage, procreation, the home and sexual orientation.
- Privacy connotes a right to be left alone. It safeguards individual autonomy and recognizes one’s ability to control vital aspects of his/her life.
- Privacy is not an absolute right, but any invasion must be based on legality, need and proportionality.
- Informational privacy is a facet of this right. Dangers to this can originate from both state and non-state actors.