Right To Privacy Case Study

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HIGH COURTS AND SUPREME COURT JUDGEMENTS There is a surfeit of cases where the Indian courts have recognized the right to privacy as a fundamental right. Following is the list of landmark cases where this has been the case, along with points on what the court has decided on those cases: 1. Kharak Singh v. The State of U.P (1962) - This was the first time that the right to privacy was recognized as a fundamental right, albeit only by a minority opinion within the Supreme court. It was recognized under both the right to personal liberty as well as freedom of movement. 2. Govind v. State of M.P (1975) - In this case, the Supreme Court confirmed that in fact the Right to Privacy is a fundamental right. It derived this from both the right to life and personal libert as well as the freedom of speech and movement. The right to privacy was said to envelop and protect the personal intimacies of home, motherhood, family marriage, procreation as well as child rearing. At the same time though, the right to privacy is subject to “compelling state interest”…show more content…
R. Rajagopal v. Union of India (1994) - In this judgement, the Supreme court decided that the right to privacy is in fact a part of the right to personal liberty guaranteed under the constitution. The SC recognized that the right to privacy can be both a fundamental right as well as a tort. Every citizen has the right to safeguard the privacy of his or her own family, marriage, etc. and no one can publish anything regarding the same unless certain conditions are

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