Limit of Right To Privacy (Curtailment in Welfare of State)

2 INTRODUCTION OF RIGHT TO
PRIVACY IN INDIA
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”.