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1 - 10 of 17 (0.21 seconds)Article 21 in Constitution of India [Constitution]
Article 226 in Constitution of India [Constitution]
People'S Union For Civil Liberties & Anr vs Union Of India on 16 December, 2003
Similarly, in another judgment in the case of People's Union for Civil
Liberties v. Union of India, reported in (2003) 4 SCC 399, arising out of a
challenge to the constitutional validity of the Representation of People
(Amendment) Ordinance, 2002 dealing with the disclosure of information
by a candidate, the Hon'ble Apex Court held,
"by declaration of a fact, which is a matter of public record, that a
candidate was involved in various criminal cases, there is no
question of infringement of any right of privacy."
Gobind vs State Of Madhya Pradesh And Anr. on 18 March, 1975
27. Therefore, what we are concerned with is the second facet of the
right where constitutional recognition is sought to be given to such right
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C/SCA/8323/2013 JUDGMENT
of privacy. Though the right to privacy is not enumerated as a
fundamental right in our Constitution, it has been inferred from Art. 21
with the interpretative process by various pronouncements of the Hon'ble
Apex Court for which a useful reference can also be made to the
judgment of the Apex Court reported in AIR 1975 SC 1378 in the case of
Gobind v. State of M.P. and AIR 1963 SC 1295 in the case of Kharak
Singh v. State of U.P and ors.. The Hon'ble Apex Court in the case of R.
Rajagopal (supra) has clearly observed laying down broad guidelines,
(1) the right to privacy is implicit in the right to life and liberty
guaranteed to the citizens of this country by Article 21. It is a "right
to be let alone." A citizen has a right to safeguard the privacy of his
own, his family, marriage, procreation, motherhood, child bearing
and education among other matters. None can publish anything
concerning the above matters without his consent - whether truthful
or otherwise and whether laudatory or critical. If he does so, he
would be violating the right to privacy of the person concerned and
would be liable in an action for damages. Position may, however be
different, if a person voluntarily thrusts himself into controversy or
voluntarily invites or raises a controversy.
Kharak Singh vs The State Of U. P. & Others on 18 December, 1962
27. Therefore, what we are concerned with is the second facet of the
right where constitutional recognition is sought to be given to such right
Page 18 of 24
C/SCA/8323/2013 JUDGMENT
of privacy. Though the right to privacy is not enumerated as a
fundamental right in our Constitution, it has been inferred from Art. 21
with the interpretative process by various pronouncements of the Hon'ble
Apex Court for which a useful reference can also be made to the
judgment of the Apex Court reported in AIR 1975 SC 1378 in the case of
Gobind v. State of M.P. and AIR 1963 SC 1295 in the case of Kharak
Singh v. State of U.P and ors.. The Hon'ble Apex Court in the case of R.
Rajagopal (supra) has clearly observed laying down broad guidelines,
(1) the right to privacy is implicit in the right to life and liberty
guaranteed to the citizens of this country by Article 21. It is a "right
to be let alone." A citizen has a right to safeguard the privacy of his
own, his family, marriage, procreation, motherhood, child bearing
and education among other matters. None can publish anything
concerning the above matters without his consent - whether truthful
or otherwise and whether laudatory or critical. If he does so, he
would be violating the right to privacy of the person concerned and
would be liable in an action for damages. Position may, however be
different, if a person voluntarily thrusts himself into controversy or
voluntarily invites or raises a controversy.
Phoolan Devi vs Shekhar Kapoor And Ors. on 1 December, 1994
30. A useful reference can be made to the observations made by the
Hon'ble Apex Court in the case of R. Rajagopal (supra) and relied upon in
the case of Phoolan Devi v. Shekhar Kapoor, reported in (1995) 57 DLT
154 : (1995) 32 DRJ 142.