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Right to privacy under the constitution



Whether an Individual Citizen has any Right To Privacy under the Constitution? 

Yes, there is right to privacy in constitution and it is a fundamental right of the citizens of India under Article 21 of the Constitution of India 

 Article 21 :

 According to Article 216 of the Constitution of India protection of life and liberty- No person shall be deprived of his life or personal liberty except according to procedure established by law. 

 The nature and scope- The expression “Personal liberty” in Article 21 is of the widest amplitude and it covers a variety of rights which go to constitute the personal liberty of man and some of them have been raised to the status of distinct fundamental rights and given additional protection under Article 197 . 

Article 19 of the constitution of India is has follows protection of certain rights regarding freedom of speech, etc

 (1) All citizens shall have the right –

 a. to freedom of speech and expression; 

b. to assemble peaceably and without arms;

 c. to form associations or unions8 ;

 d. to move freely throughout the territory of India;

 e. to reside and settle in any part of the territory of India9 ;

 f. to acquire, hold and dispose of property; g. to practice any profession, or to carry on any occupation, trade or business


Rights to privacy under Article 19 and 21 : 

 “Rights to privacy” it is the duty of media to respect individuals fundamental right to privacy and to maintain dignity of courts so that people’s faith in administration of justice is not diminished10 it is held in the case of Hindustan times v. High Court of Allahabad11. 

Whereas in Article 21 right to privacy is held under fundamental rights of the citizens and it is protected under Article 21 of the Constitution, K.S. Puttaswamy v. Union of India12, a historic judgment passed affirming the Constitutional Right to Privacy. It declared Privacy to be an Integral Component of Part three of the Constitution of India, which lays down our fundamental rights, ranging from Rights relating to Equality (Article 14 to 18); Freedom to speech and Expression (Article 19(1)(a)); Freedom of movement (Article(1)(d)); protection of life and personal liberty (Article 21) and others. 

These Fundamental Rights cannot be given or taken away by law, and all laws and executive actions must abide by them. In  Puttaswamy case previously the Eight-judge bench decision in M.P. Sharma case (1954)13, which held that the right to privacy is not protected by the Constitution stands over-ruled; 

The Court’s subsequent decision in Kharak Singh (1962)14, also stands over-ruled to the extension that it holds that the right to privacy is not protected under the Constitution; The right to privacy is protected as an intrinsic part of the right to life and personal liberty under Article 21 and as part of freedoms guaranteed by part three of the Constitution .

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