Supreme Court gives India a Private Life

A landmark decision was made by the Supreme Court on 24th August 2017. Here is a report from The Times of India, Ranchi Edition of 25th August 2017: 


63-Yr-Old Judgement Overturned

by Dhananjay Mahapatra & Amit Anand Choudhary TNN

New Delhi: Propelling India into the ranks of progressive societies that ensure privacy of their citizens, a nine-judge Supreme Court bench unanimously ruled on Thursday that privacy is a fundamental right, protected as an intrinsic part of the right to life and personal liberty and as part of the freedoms guaranteed by the Constitution. In a historic judgment, the bench headed by CJI J S Khehar — which included Justices J Chelameswar, S A Bobde, R K Agrawal, R F Nariman, A M Sapre, D Y Chandrachud, Sanjay K Kaul and S Abdul Nazeer — upturned a 63-year-old ruling of an eight-judge bench that had refused to recognise privacy as a fundamental right. The 547-page ruling set up many landmarks to outline what constitutes a dignified life and the obligation of the state to help its citizens lead one.

It emphasised the value of dissent and tolerance, besides the rights of minorities, including sexual minorities, clearing the way for the possible voiding of the SC’s controversial order to reverse the decriminalisation of consensual gay sex by the Delhi high court. It also boldly delineated the limits to the state’s intervention in the lives of citizens. (emphasis added)

However, the bench was alive to the challenges thrown up by technology and recognised that a balance needs to be maintained between the right to privacy and the right of the state to impose reasonable restrictions on it for legitimate aims such as national security, prevention and investigation of crimes and distribution of welfare resources.

What stood out was privacy being declared intrinsic to right to life and that it formed part of the sacrosanct chapter on fundamental rights in the Constitution, which has been regarded since 1973 as part of the basic structure, immune from Parliament’s interference. The unanimous verdict was “Right to privacy is protected as an intrinsic part of right to life and personal liberty under Article 21 and as part of the freedoms granted by Part III

The NCCI is committed to work towards just and inclusive communities. In the spirit of the Constitution of India, we affirm the fundamental rights of all, and in the context of the above SC ruling, the right to dignity of life for all.

0 replies

Leave a Reply

Want to join the discussion?
Feel free to contribute!

Leave a Reply