Q. Right to Privacy is protected as an intrinsic part of Right to Life and Personal Liberty. Which of the following in the Constitution of India correctly and appropriately imply the above statement?
- Article 14 and the provisions under the 42nd Amendment to the Constitution.
- Article 17 and the Directive Principles of State Policy in Part IV.
- Article 21 and the freedoms guaranteed in Part III.
- Article 24 and the provisions under the 44th Amendment to the Constitution.
Answer: (c) Article 21 and the freedoms guaranteed in Part III.
Right to Privacy:
- Generally understood that privacy is synonymous with the right to be let alone.
- The Supreme Court described privacy and its importance in the landmark decision of K.S. Puttaswamy v. Union of India in 2017 that – Right to Privacy is a fundamental and inalienable right and attaches to the person covering all information about that person and the choices that he/ she makes.
- The right to privacy is protected as an intrinsic part of the right to life and personal liberty under Article 21 and as a part of the freedoms guaranteed by Part III of the Constitution.
- Restrictions (as stated in the Judgement):
- 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 nature and extent, must be necessary in a democratic society and the action ought to be the least intrusive of the available alternatives to accomplish the ends.
- The right may be restricted only by state action that passes each of the three tests:
- Step taken by Government: Acknowledging the importance of privacy, the Government has presented the personal Data Protection Bill 2019 in the Parliament.