Right to Privacy: SC says privacy is fundamental right, here’s a timeline

Source:- timesnownews.com

The Supreme Court has on Thursday upheld the judgment and said that privacy is a fundamental right under the Constitution of India.

Here is the timeline of events:

1962: Kharak Singh vs State of Uttar Pradesh

Khahrak Singh filed a petition after he was let off in a dacoity case due to lack of evidence and he challenged the surveillance by police on the grounds of infringement of his fundamental right under Constitution.

The court said that “privacy was not a guaranteed constitutional right”.

The bench said that privacy is linked to personal liberty.

1975: Govind vs State of MP

Govind filed a petition questioning the validity of Regulations 855 and 856 of Madhya Pradesh Police.

The Supreme Court dismissed the petition and advised a reform is the regulations.

The bench said that right to privacy not absolute.

1977: Maneka Gandhi vs The Union of India

After the Emergency was lifted up, Maneka Gandhi received a letter saying the government, in public interest, wanted to seize her passport. Gandhi apporached the court and challenged saying that right to travel abroad was part of part of her right to personal liberty and it is violating Article 21.

The bench said that Right to privacy is linked to the right to personal liberty.

1995: Rajagopal vs State of Tamil Nadu

A prisoner in Madras who was convicted for six murders, wanted his story to be published but after knowing that IAS and IPS officers mentioned in that autobiography, the publishing was cancelled. He moved the court after which it was published in a magazine as a fiction story.

The judgement said that a person has right to be left alone.

2004: R Sukanya vs R Sridhar

Actors Sukanya and Sridhar moved the court over their ongoing marital dispute and Sukanya wanted the media to stay away and the details of the case should not be made public.

The court rejected the plea and the judgment said that right to privacy of parties in divorce case overrides right to publish news.

2006: Naz Foundation vs Delhi Government

An NGO, Na Foundation filed a PIL that challenged the validity of Section 377 of IPC, 1860 (IPC) which penalizes ‘unnatural offences’, which is mentioned in the Act.

The court condemned Section 377 and stated that Section 377 discriminates against a person on the basis of their sexual orientation.

The judgement was passed by two-judge bench who did not criminalise the provision and said that interference with personal liberty must follow a procedure.

2013: Ratan Tata to Supreme Court

The chief of the Tata Group Ratan Tata submitted to the apex court that even if he was a public figure, he has the right to privacy and the media has no right to violate it by publishing or telecasting his conversation that was contained the Radia tapes.

October 2015: The Supreme Court of India set up a Constitution Bench to see if Aadhaar Card scheme was an invasion of one’s privacy.

July 2017: 5-judge Constitution bench of the Supreme Court disagrees with the Centre’s argument that citizens did not enjoy right privacy.

But the bench referred the case to a nine-judge bench Constitutional bench.

August 2, 2017: The 9-judge bench of the apex court reserved its judgement over the matter whether right to privacy is a fundamental right or not.

August 11, 2017: Bench consisting of CJI and Justice D Y Chandrachud said the judgement on the status of Right to Privacy could be announced.

August 24, 2017: SC upholds the judgement and said that right to privacy is a fundamental right.