DEVELOPMENT OF RIGHT TO PRIVACY II SC LANDMARK CASES II FUNDAMENTAL RIGHT II ARTICLE 21 II

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  • Опубліковано 18 жов 2024
  • Hello Guys !
    Welcome to another video on Legal Banter.
    Right to Privacy and related issues is in news again for multiple reasons. With WhatsApp updating its Privacy Policy leading to allegations of privacy law violation and Allahabad High Court ruling notice requirement under Special Marriage Act, 1954 to be violative of Privacy, we are once again confronted with the legality and the scope of this unenumerated Fundamental Right.
    In today’s video, we will learn the genesis and development of the Right to Privacy as a Fundamental Right implicit under Article 21 of our Constitution.
    We will learn how far the Judiciary has progressed from the M.P. Sharma ruling wherein this right was denied to finally in the Puttaswamy decision, where a 9-judges bench enforced this with finality.
    I have identified and categorized the growth of Privacy right in 6 stages as follows -
    1. stage I - Privacy is not a Fundamental Right (M.P Sharma & Kharak Singh & R.M. Malkhani)
    2. Stage II - Privacy is not a Fundamental Right but could be in certain situations (Gobind case)
    3.Stage III - the scope of the Article widened to cover privacy (Maneka Gandhi case)
    4. Stage IV - Privacy is a Fundamental Right (small bench decisions in Rajapgopal & PUCL followed by Canara Bank & Selvi cases)
    5. Stage V - Privacy is not an absolute Fundamental Right and is subject to exceptions (X vs. Hospital z case)
    6. Stage VI - Privacy is a Fundamental Right (K.S. Puttaswamy)
    Incorporation of new rights post-Puttaswamy - Navtej Singh Johar, Joseph Shine, and Shafin Jahan
    link for video on Right to marry as a Fundamental Right - • IS RIGHT TO MARRY A FU...
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