Justice K. S. Puttaswamy (Retd.) and Anr. vs Union Of India And Ors.

Justice K. S. Puttaswamy (Retd.) and Anr. vs Union Of India And Ors is a landmark judgment of the Supreme Court of India, which holds that the right to privacy is protected as a fundamental constitutional right under Articles 14, 19 and 21 of the Constitution of India.[1]

Justice K. S. Puttuswamy (Retd.) and Anr. vs Union Of India And Ors.
CourtSupreme Court of India
Full case nameJustice K. S. Puttaswamy (Retd.) and Anr. vs Union Of India And Ors.
Decided24 August 2017
Citation(s)WRIT PETITION (CIVIL) NO 494 OF 2012
Holding
The right to privacy is protected under Articles 14, 19 and 21 of the Constitution.

The nine-judge bench of J.S. Khehar, J. Chelameswar, S.A. Bobde, R.K. Agrawal, R.F. Nariman, A.M. Sapre, Dr. D.Y. Chandrachud, S.K. Kaul and S.A. Nazeer unanimously held that “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 Constitution”.[2] It explicitly overrules previous judgements of the Supreme Court in Kharak Singh vs State of UP and M.P Sharma vs Union of India, which had held that there is no fundamental right to privacy under the Indian Constitution.

Aftermath

The judgment was interpreted as paving the way for the eventual decriminalisation of homosexuality in India in Navtej Singh Johar v. Union of India (2018) and abolishing the provisions pertaining to crime of Adultery under the Indian Legal System in the case of Joseph Shine v. Union of India (27 September 2018.)

References
  1. Bhandari, Vrinda; Kak, Amba; Parsheera, Smriti; Rahman, Faiza. "An Analysis of Puttaswamy: The Supreme Court's Privacy Verdict". IndraStra Global. 003: 004. ISSN 2381-3652.
  2. "9-judge bench Archives". SCC Blog. Retrieved 16 May 2019.
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