The Right to Privacy is protected as an intrinsic part of the right to life and personal liberty under Article 21 and as a part of the freedoms guaranteed by Part III of the Constitution3. the high purpose which the Constitution seeks to achieve by conferment of fundamental rights is not only to benefit individuals but to secure the larger interests of the community. A citizen has a right to safeguard the privacy of his own, his family, marriage, procreation, motherhood, child bearing and education among many other matters, however any fundamental right under part III of the Indian Constitution is not absolute they are subject to some reasonable restrictions4.
Article 21 of the Constitution of India, 1950 provides that, “No person shall be deprived of his life or personal liberty except according to procedure established by law.” In the landmark case of Olga Tellis5, the Hon’ble Supreme Court held that “the procedure prescribed by law must be fair, just and reasonable”. In the landmark
judgment of Justice K.S.Puttaswamy(Retd) v. Union Of India And Ors.6 The Constitutional Bench of Supreme Court held in Para 83 that “Let the right of privacy, an inherent right, be unequivocally a fundamental right embedded in part-III of the Constitution of India, but subject to the restrictions specified, relatable to that part”.
