Fundamental Right to Privacy: Does it exist?

Right to privacy debate

Whether citizens of India have a fundamental right of privacy?

The controversy about right to privacy has been argued in a larger constitution bench of nine judges and judgement has been reserved. But what exactly is the controversy?

The fourth Amendment in the Constitution of USA provide following clause:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Constitution of India has no such clause but in some of the cases the right to privacy has been read into the right to life because the life means a meaningful life and not merely an animal existence. Thus to make life more than animal existence, privacy is held to be part of right to life guaranteed by article 21 o Constitution of India, which is as under:

No person shall be deprived of his life or personal liberty except according to procedure established by law.

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