Dhillon Murthi Law

Do citizens have fundamental right to privacy?


The Supreme Court of India grapples with the mighty issue in light of its two earlier decisions denying any such …fundamental rights. Those cases were decided in 1954 and 1962. (Sharma and Kharak Singh cases). Modern society has come a long way over the 65 years since. We have come to take privacy much more seriously. Under the Canadian Charter of Rights and Freedoms, the right to privacy flows from section 8 which reads: Everyone has the right to be secure against unreasonable search or seizure.

Relevant Article 21 of the Constitution of India states that “No person shall be deprived of his life or personal liberty except according to the procedure established by law”.

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