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Whether right to privacy is a fundamental right in India?

The “right to privacy” or the right to be let alone is guaranteed by article 21 of the constitution. The Supreme Court has expressly held this in R. Rajagopal v. State of T.N, popularly known as the “Auto Shanker case”. A citizen has the right to safeguard the privacy of his own, his family, marriage, procreation, motherhood, child bearing etc. among other matters.

None can publish anything regarding the above matters without his consent whether truthful or otherwise. The rule is subject to an exception that if any publication of such matters are based on public record including court record, it will be un-objectionable.


Although right to privacy is a fundamental right under Art.21 of the Constitution, it is not an absolute right and restrictions can be imposed on it for the prevention of crime, disorder or protection of rights and freedom of others.

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