Right to Privacy

In August 2017, the Supreme Court in Justice K. S. Puttaswamy (Retd) Vs. Union of India unanimously held that Indians have a constitutionally protected fundamental right to privacy that is an intrinsic part of life and liberty under Article 21.

  • It held that privacy is a natural right that inheres in all natural persons, and that the right may be restricted only by state action that passes each of the three tests:
    • First, such state action must have a legislative mandate;
    • Second, it must be pursuing a legitimate state purpose; and
    • Third, it must be proportionate i.e., such state action — both in its ....
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