The Right To Privacy In Alternative Dispute Resolution

The Supreme Court of India by a 9-Judge bench has delivered a landmark judgment in “Justice K S Puttaswamy and another v. Union of India and others” on 24th August 2017, where it was 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. The Supreme Court of India by a 9-Judge bench has delivered a landmark judgment in “Justice K S Puttaswamy and another v. Union of India and others” on 24th August 2017, where it was 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 of India. The Supreme Court in privacy judgment, relying on “Behram Khurshed Pesikaka v The State of Bombay” has held that fundamental rights have not been put in the Constitution merely for individual benefit, but have been put there as a matter of public policy and the doctrine of waiver can have no application to provisions of law which have been enacted as a matter of constitutional policy. When the Supreme Court has categorically declared that “right to privacy of any individual” is essentially a natural right, which inheres in every human being by birth and that such right remains with the human being till he breathes last and it is one of those cherished rights, which every civilized society governed by rule of law always recognizes in every human being and is under obligation to recognize such rights in order to maintain and preserve the dignity of an individual, it is a matter of concern as to whether the court under Section 34 can disclose those confidential information, which are confidential and the parties have a legitimate expectation of privacy.