Right to privacy comes with birth, goes with death, writes Justice Sapre
By Team Legistify / 2017-08-26

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The right to privacy of an individual is a natural, cherished, inseparable and inalienable right which is born with a human being and extinguishes with it, the Supreme Court said on Thursday.

Justice Abhay Manohar Sapre, who wrote a separate but concurring judgement declaring the right to privacy as a fundamental right under the Constitution, said it cannot be conceived that an individual enjoys a meaningful life with dignity, without such a right.

However, he also said that this right was not absolute and was “subject to certain reasonable restrictions” which the State was entitled to impose.

The judge, who was a part of the nine-judge constitution bench, said the right to privacy was one of those cherished rights which every civilised society recognises in every human being.

Justice Sapre held that “right to privacy” is part of the fundamental right of a citizen guaranteed under Part III of the Constitution, but “it is not an absolute right and is subject to certain reasonable restrictions which the State is entitled to impose on the basis of social, moral and compelling public interest in accordance with law“.

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