favour of the
subject, inasmuch as they impinge upon the fundamental right to
privacy, recently recognised by this Court in K.S. Puttaswamy ... Court then went on to state that there was no “fundamental right to
privacy” under the Indian Constitution, like the Fourth Amendment
rights as isolated silos
E Cooper and Maneka: Interrelationship between rights
F Origins of privacy
G Natural and inalienable rights
H Evolution of the privacy ... legal rights were broadened, the right to life had “come
to mean the right to enjoy life – the right to be let alone”. Recognizing that
also
the right to disribute, the right to receive, the right to
read and that without those peripheral rights the specific
right would be less ... right.
Privacy interest in autonomy must also be placed in the
context of other right and values.
Any right to privacy must encompass and protect
claimed right is entitled to protection as a
fundamental privacy right, a law infringing it
must satisfy the compelling State interest
test.
* * *
privacy primarily concerns ... right. Privacy interest in autonomy must
also be placed in the context of other rights
and values.
Any right to privacy must encompass and
protect
this Court.
Privacy right in US initially concerned 'property':
The American Courts trace the 'right to privacy' to the English
common ... would lose his
privacy rights, was wrong and was based on the old concept of
treating the right of privacy as one attached to property
right to go abroad, right against solitary confinement, right against bar fetters, right to legal aid, right to speedy trial, right against hand-cuffing, right ... right against public hanging, right to doctor's assistance and right to shelter (see Unni Krishnan's case ).
38. Right to privacy
grounds, it would be the right of that spouse which
comes in conflict with the so called right to privacy of
the Respondent. Thus ... their fundamental
constitutional rights to dignity, to freedom and security of the person; the
right to bodily integrity; the right to privacy; and the right
plaint invoked her right to privacy and claimed that the right to privacy is implicit in the right to life and liberty guaranteed ... society. Privacy may be the privacy of a single individual, it may be the privacy of two individuals, or it may be the privacy
INFRINGEMENT OF THE RIGHTS TO
DIGNITY AND PRIVACY
40. The right to privacy thus has been held to protect a "private
space in which ... scope of privacy had been closely related to the concept of
identity and that "rights, like the right to privacy, are not
based
right
to personal liberty, the right to move freely throughout the territory of
India and the freedom of speech create an independent right of privacy ... given to the right to privacy which protects personal privacy against unlawful
government invasion. Though the right to privacy can be characterized as a
fundamental