Full text of Supreme Court’s judgment on Right to Privacy
7 years, 7 months ago

Full text of Supreme Court’s judgment on Right to Privacy

Hindustan Times  

In a landmark decision that will affect the lives of all Indians, the Supreme Court on Thursday unanimously declared that individual privacy is a “guaranteed fundamental right”. In a landmark ruling, the Supreme Court on Thursday said Indians have a constitutional right to privacy The verdict by a nine-judge Constitution bench could now test the validity of Aadhaar, the controversial biometric identification project the government has been pushing but critics have opposed as intrusive. Issuing the ruling, the bench said right to privacy was at par with right to life and liberty, and that the verdict will protect citizens’ personal freedom from intrusions by the state. Like other rights which form part of the fundamental freedoms protected by Part III, including the right to life and personal liberty under Article 21, privacy is not an absolute right.

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History of this topic

Time's Up For Hale's Ghost To Exit From India
1 month, 1 week ago

Time's Up For Hale's Ghost To Exit From India

Live Law  

The recent Chattisgarh High Court verdict in Gorakhnth Sharma v. State of Chhattisgarh acquitting a husband for committing the offence of unnatural sex and resultant death of the wife has once again brought to fore the need for criminalizing marital rape in India. Most importantly, standing terra firma on Exception:2 to the section 375 aka the infamous Marital Rape Exception, …

No Public Interest In Keeping Information Alive On Internet After Quashing Of FIR: Delhi High Court On Right To Be Forgotten
4 months ago

No Public Interest In Keeping Information Alive On Internet After Quashing Of FIR: Delhi High Court On Right To Be Forgotten

Live Law  

Observing that it is important to balance the right to information of public with an individual's right to privacy, the Delhi High Court has said that no public interest can be served by keeping the information alive on the internet after quashing of criminal proceedings.“There is no reason why an individual who has been duly cleared of any guilt by …

Madras High Court Rules on Spousal Privacy and Snooping by Spouses
4 months, 4 weeks ago

Madras High Court Rules on Spousal Privacy and Snooping by Spouses

Live Law  

The Madras High Court has ruled that the fundamental right to privacy includes spousal privacy. The court noted that the law could not permit or encourage snooping by one spouse on another. The court also observed that evidence obtained by invading the privacy of the partner was inadmissible in the court.

Law doesn’t bar states from counting castes
1 year, 4 months ago

Law doesn’t bar states from counting castes

Hindustan Times  

The Bihar caste survey has revealed the ground realities of the social fabric. The Mandal Commission report had a chapter on “the social dynamics of caste” recording that notwithstanding public declarations condemning caste, it has remained a significant basis of action in politics and decision-making of governments. The challenge in courts to the caste census has been on two grounds: …

Personal Liberty Is Paramount Essential For Dignity And Human Happiness, Presumption Of Innocence Is A Fundamental Right: Justice Siddharth Mridul
1 year, 7 months ago

Personal Liberty Is Paramount Essential For Dignity And Human Happiness, Presumption Of Innocence Is A Fundamental Right: Justice Siddharth Mridul

Live Law  

Delhi High Court judge, Justice Siddharth Mridul, yesterday said that personal liberty is the paramount essential and sine qua non for human dignity and human happiness and that the principle or presumption of innocence is recognised as a fundamental right in India. In the earlier days it was considered by the by the honorable Supreme Court to be a human …

Dushyant Dave Writes: On Manipur, Supreme Court Must Be More Proactive
1 year, 8 months ago

Dushyant Dave Writes: On Manipur, Supreme Court Must Be More Proactive

Live Law  

The videos on social media and reports of the women being publicly assaulted by a group of people in Manipur are among the worst manifestations of communal frenzy. The Supreme Court of India has, belatedly, taken suo motu cognisance of the situation and observed: “We are expressing our deep concern. The SC must be conscious at all times about its …

India’s shield of privacy should reflect Article 21
1 year, 8 months ago

India’s shield of privacy should reflect Article 21

Live Mint  

The monsoon session of Indian Parliament will likely take up a bill framed in response to the Supreme Court ruling of 24 August 2017 that said privacy is a fundamental right. The Digital Personal Data Protection Bill, a draft of which was published last year to replace an unwieldy earlier proposal, got Cabinet approval this week as part of the …

Publicity of court proceedings: The question of privacy and reputation
1 year, 11 months ago

Publicity of court proceedings: The question of privacy and reputation

Hindustan Times  

On March 21, while delivering its judgment in Seemant Kumar Singh Vs. Mahesh Ps & Ors, the Supreme Court, cautioned judges against passing adverse remarks in courts unless accompanied by a proper justification. The SC observed that “remarks passed in court, due to the live broadcasting of court proceedings, now have ramifications that are far-reaching, and as can be seen …

Right To Privacy Is A Right In Personam, Not Inheritable By Mothers Or Legal Heirs Of Deceased: Delhi High Court
2 years, 5 months ago

Right To Privacy Is A Right In Personam, Not Inheritable By Mothers Or Legal Heirs Of Deceased: Delhi High Court

Live Law  

The Delhi High Court has ruled that the right to privacy is essentially a right in personam and therefore is not inheritable by the mothers or legal heirs of the deceased persons.Justice Neena Bansal Krishna made the observation while refusing to grant interim relief in a suit filed against Bollywood Filmmaker Hansal Mehta and others for restraining the release of …

Ensure equal Net privacy for Indians and others: Centre
2 years, 5 months ago

Ensure equal Net privacy for Indians and others: Centre

The Hindu  

The government on Thursday stated in the Supreme Court that it expects social media companies, however “big” they were, to treat Indian users’ privacy on a par with foreign customers. Howsoever big the MNC be, if you are operating in India, you have to comply with the laws of India and have to treat Indian citizens with an equal degree …

The Right To Be Forgotten-Charting The Uncharted Waters
2 years, 6 months ago

The Right To Be Forgotten-Charting The Uncharted Waters

Live Law  

The right to be forgotten, also known as the 'right to be left alone' or the 'right to erasure', is in news these days owing to its increasing recognition by the Indian courts of law. The right which had its conceptual origin in the European Union, found one of its first references in the landmark Google Spain case, where the …

Rethinking anonymity
2 years, 6 months ago

Rethinking anonymity

Hindustan Times  

When the Centre rebutted Twitter’s lawsuit against its orders to block users, it made a curious claim: “There is no fundamental right of anonymity under Part III of the Constitution. In 2020, the United Kingdom government, after being urged to make identity verification online mandatory, said such an obligation would restrict the freedom of expression. Eight years before that, a …

‘Puttaswamy’ and the fading promise of a right
2 years, 7 months ago

‘Puttaswamy’ and the fading promise of a right

The Hindu  

August 24 has passed, marking five years since a nine-judge Bench of the Supreme Court of India delivered a crucial judgment in the case of Justice K.S. The judgment delivered on that date formally recognised the right to privacy as being a fundamental right stemming from the right to life and personal liberty, guaranteed under Article 21 of the Indian …

Puttaswamy, five years on
2 years, 7 months ago

Puttaswamy, five years on

Hindustan Times  

Five years ago, on this day, the Supreme Court made one its most important judgments. A nine-judge Constitutional bench ruled that the fundamental right protections under the Constitution’s Part III extend to an individual’s privacy. By recognising privacy as an independently enforceable right, the court bolstered freedom of expression and specified that citizens have the right against arbitrary, unregulated State …

India at 75 | Five fundamental rights granted to citizens since Independence
2 years, 7 months ago

India at 75 | Five fundamental rights granted to citizens since Independence

The Hindu  

As former PM Dr. Manmohan Singh writes in The Hindu, ‘India must protect its hard-won freedoms.’ Indian citizens, under the Constitution, were guaranteed six fundamental rights - the right to equality, right to freedom, right against exploitation, right to freedom of religion, cultural and educational rights, right to property and right to constitutional remedies. Similarly, the right to shelter has …

Expanding the right to privacy
2 years, 8 months ago

Expanding the right to privacy

Hindustan Times  

India’s Supreme Court this week gave its first order enforcing an Indian citizen’s right to be forgotten when it directed the court registry to begin the process on how the details of a married couple, locked in litigation, can be removed from online search engines. The concept first reached global prominence when the European Court of Justice ruled in connection …

Know your Constitution: Fundamental rights and duties of every Indian citizen
3 years, 2 months ago

Know your Constitution: Fundamental rights and duties of every Indian citizen

Hindustan Times  

India, celebrating its 75th year of Independence from colonial rule, is all set to mark Republic Day on January 26, the celebrations for which kicked off today. The Constitution of India, the longest written constitution of any country, is considered the supreme law of the nation, and demarcates the structure, framework, powers, and duties of government institutions, and sets out …

Right To Privacy Includes Right To Be Forgotten, Personal Data Protection Bill Contains Provision For It: Centre Tells Delhi High Court
3 years, 3 months ago

Right To Privacy Includes Right To Be Forgotten, Personal Data Protection Bill Contains Provision For It: Centre Tells Delhi High Court

Live Law  

The Centre has informed the Delhi High Court that the fundamental right of Right to Privacy also includes the Right to be Forgotten and that the Personal Data Protection Bill 2019 contains provisions related to the doctrine. The development came after the Ministry of Electronics and Information Technology filed a short affidavit in a plea filed by two businessmen acquitted …

Privacy must be upheld as a fundamental right
3 years, 3 months ago

Privacy must be upheld as a fundamental right

Live Mint  

In a world beset with rapidly-evolving technology, the deliberative process of law making has no chance of keeping pace. In 2017, the Supreme Court effectively declared the Right to Privacy a fundamental right, as it’s “intrinsic” to our guarantee of “life and personal liberty” under the Constitution’s Article 21 and other basic freedoms. To encode this self-evident truth by way …

A court order for the ages
3 years, 4 months ago

A court order for the ages

The Hindu  

In a democracy, how far should the Government be allowed to peep into a citizen’s privacy? The top court said national security was not a pass for the Government to spy on its own citizens. Strictly following the procedures, I gave a notice for the following questions: “The number of memorandum of understandings the Government has entered into with foreign …

Independence Day Special: 11 cases that advanced the rights of citizens
3 years, 7 months ago

Independence Day Special: 11 cases that advanced the rights of citizens

Hindustan Times  

For the first time after Independence, in this verdict, the judiciary defined limits beyond which the Parliament could not amend the Constitution. Supreme Court Advocates on Record Association vs Union of India This marked a turning point in judicial independence, with the judiciary wresting control from the executive on the matter of appointing new judges. NALSA vs Union of India …

Is There A Fundamental Right To Drink Liquor? What Courts Have Held?
3 years, 8 months ago

Is There A Fundamental Right To Drink Liquor? What Courts Have Held?

Live Law  

The Gujarat High Court recently reserved its order on the maintainability of a petition against the decades old liquor prohibition in the state. The Court held that restrictions imposed by Sections 12 and 13 of the Act, on the possession, sale, use and consumption of liquor, are not reasonable restrictions on the fundamental right to acquire, hold and dispose of …

'No Fundamental Right, including Right to Privacy, is absolute', says govt after WhatsApp's lawsuit
3 years, 10 months ago

'No Fundamental Right, including Right to Privacy, is absolute', says govt after WhatsApp's lawsuit

India TV News  

Hours after WhatsApp filed a lawsuit in Delhi High Court against new IT rules, the Government on Wednesday said that 'no Fundamental Right, including the Right to Privacy, is absolute'. What WhatsApp said in lawsuit In its lawsuit, WhatsApp challenged the government's new digital rules saying the requirement for the company to provide access to encrypted messages will break privacy …

Privacy, a fundamental right the state must protect
4 years, 3 months ago

Privacy, a fundamental right the state must protect

The Hindu  

In an article in The Hindu, Is a person’s address public information?, the writers, Shailesh Gandhi and Prashant Reddy T., raised a few issues over a recent Bombay High Court order directing the government to take down the address of a Right to Information applicant from its website. Explained | The right to privacy Not judicially tested First, the writers …

Privacy And Puttaswamy For The People's Palate: Part 3 of 3
4 years, 7 months ago

Privacy And Puttaswamy For The People's Palate: Part 3 of 3

Live Law  

The previous part broke down the opinions of Bobde J. and Kaul J. wherein the former elucidated upon the nature of the right undertaking a study which was based on the hypothesis that privacy plays an integral role in the enjoyment of Part III rights and the latter studied the growth of technology as a formidable foe to the inherent …

Privacy And Puttaswamy For The People's Palate: Part 2 Of 3
4 years, 7 months ago

Privacy And Puttaswamy For The People's Palate: Part 2 Of 3

Live Law  

The first part broke down opinions of Chelameswar J. and Sapre J. wherein the former examined the existence of the right to privacy within the contours of the Constitution, limiting the discussion to the existence of the same and the latter examined the foundation of the right on the basis of the Preamble and certain elements of Part III. Bobde …

Privacy And Puttaswamy For The People's Palate: Part 1 of 3
4 years, 7 months ago

Privacy And Puttaswamy For The People's Palate: Part 1 of 3

Live Law  

3 years ago, those fighting against governmental overreach and excessive interference in what was perceived to be individual autonomy received a shot in the arm in the form of the landmark and pathbreaking judgment in Justice KS Puttaswamy v. Union of India. 8 years later, in Kharak Singh, the Court struck down certain Uttar Pradesh Police regulations permitting domiciliary visits …

Evidence Collected In Breach Of Right To Privacy Alone Doesn't Make It Inadmissible: Delhi HC [Read Judgment]
4 years, 8 months ago

Evidence Collected In Breach Of Right To Privacy Alone Doesn't Make It Inadmissible: Delhi HC [Read Judgment]

Live Law  

In a significant judgment pertaining to rules for collection and admissibility of evidence, the Delhi High Court has held that evidence collected in breach of the fundamental right to privacy alone, would not make it inadmissible in court of law. The single bench has held that while a litigating party certainly has a right to privacy, that right "must yield" …

Ravi Shankar Prasad says terrorists, corrupt have no right to privacy, warns of 'sinister trend' of populist campaigns against judgments
5 years, 1 month ago

Ravi Shankar Prasad says terrorists, corrupt have no right to privacy, warns of 'sinister trend' of populist campaigns against judgments

Firstpost  

Terrorists and corrupt people have “no right to privacy” and these people should not be allowed to abuse the internet, Union Law Minister Ravi Shankar Prasad said on Saturday New Delhi: Terrorists and corrupt people have “no right to privacy” and these people should not be allowed to abuse the internet, Union Law Minister Ravi Shankar Prasad said on Saturday. …

'NPR-NRC Process Violates Right To Privacy' : Plea In SC [Read Petition]
5 years, 2 months ago

'NPR-NRC Process Violates Right To Privacy' : Plea In SC [Read Petition]

Live Law  

A Supreme Court bench comprising CJI SA Bobde, J BR Gavai and J Surya Kant today issued notice to the Centre on a petition filed by three farmers seeking a direction for the process of updation of the National Population Register to be declared void as unconstitutional. The petitioners Udagar Ram, Bimalesh Kumar Yadav and Sanjay Safi have challenged the …

"Today Google Knows More About You Than Your Spouse-" Justice V Ramasubramanian On 'Right To Privacy: New Age Challenges'
5 years, 2 months ago

"Today Google Knows More About You Than Your Spouse-" Justice V Ramasubramanian On 'Right To Privacy: New Age Challenges'

Live Law  

It is indeed a privilege to be invited deliver a Memorial Lecture instituted in the name of Justice V.R. Sharma vs. Satish Chandra, where the Supreme Court held that there is no justification to import the right to privacy into our Constitution by a process of strained construction, analogous to American Fourth Amendment. The Supreme Court affirmed in this case …

No Proposal To Make Internet A Fundamental Right, Says Central Govt.
5 years, 3 months ago

No Proposal To Make Internet A Fundamental Right, Says Central Govt.

Live Law  

The Central Government, while answering a query in Lok Sabha, said that there is no proposal to make facility like internet a fundamental right. Replying to another question, the Minister said that as per the worldwide country rankings of internet connectivity speed, India is ranked 74th out of 207 countries in 2019. In a landmark judgment, the High Court of …

Right To Access Internet : Kerala HC's Guiding Light To SC
5 years, 6 months ago

Right To Access Internet : Kerala HC's Guiding Light To SC

Live Law  

In Kashmir, for the last 47 days, 1.25 crore people have been deprived of their Right to Information encompassed under Article 19 of the Constitution of India, and the pin-drop silence in the halls of the Supreme Court is virtually its acquiescence of the abrogation of this Fundamental Right. that the Supreme Court declared that the Right to Access Internet …

'Right To Access Internet Is Part Of Right To Privacy And Right To Education' : Kerala HC [Read Judgment]
5 years, 6 months ago

'Right To Access Internet Is Part Of Right To Privacy And Right To Education' : Kerala HC [Read Judgment]

Live Law  

In a landmark judgment, the High Court of Kerala on Thursday declared that right to access internet is a fundamental right forming part of right to privacy under Article 21 of the Constitution of India. "When the Human Rights Council of the United Nations have found that right to access to Internet is a fundamental freedom and a tool to …

Privacy no longer supreme
5 years, 7 months ago

Privacy no longer supreme

The Hindu  

Two years ago, this month, a nine-judge bench of the Supreme Court unanimously held that Indians have a constitutionally protected fundamental right to privacy. It legislated a transformative, rights-oriented data protection law that held all powerful entities that deal with citizens’ personal data, including the state, accountable. Data use vs. privacy The government has shunned a rights-oriented approach in the …

Fundamental Right To Privacy Not Absolute And Must Bow Down To Compelling Public Interest: SC [Read Judgment]
5 years, 7 months ago

Fundamental Right To Privacy Not Absolute And Must Bow Down To Compelling Public Interest: SC [Read Judgment]

Live Law  

The fundamental right to privacy cannot be construed as absolute and but must bow down to compelling public interest, remarked the Supreme Court in its judgment holding that a Judicial Magistrate can order a person to give a sample of his voice for the purpose of investigation of a crime.The three judge bench comprising the Chief Justice of India Ranjan …

Young India speaks up on Citizens' Rights
6 years, 2 months ago

Young India speaks up on Citizens' Rights

Deccan Chronicle  

The fundamental rights every citizen of India enjoys, is one of the most important features of the Indian Constitution. Right to Privacy important In a day and age where everyone is on social media and wants to upload pictures and share their personal thoughts, I feel that Right to Privacy should now be a part of Right to Freedom, under …

SC's Aadhaar verdict reiterates supremacy of Constitution, shows State can't intrude upon citizens' privacy
6 years, 5 months ago

SC's Aadhaar verdict reiterates supremacy of Constitution, shows State can't intrude upon citizens' privacy

Firstpost  

Aadhaar, the pet project of two successive governments, is here to stay: at least for now. What is interesting to note from the 1,448 page ruling of the Hon’ble Supreme Court of India in the Aadhaar case is the fact that its landmark judgment in Justice KS Puttaswamy v. Union of India has been used extensively to debate and put …

SC judgement lays down blueprint for privacy protection
6 years, 6 months ago

SC judgement lays down blueprint for privacy protection

Live Mint  

New Delhi: The Supreme Court verdict on Wednesday upholding the constitutional validity of biometric identification Aadhaar has laid down the blueprint for privacy protection in the country, at a time when businesses are increasingly using personal data and artificial intelligence to target customers. The apex court’s five-judge Constitution bench headed by Chief Justice Dipak Misra discussed at length the contours …

Aadhaar valid but conditions apply, Supreme Court rules
6 years, 6 months ago

Aadhaar valid but conditions apply, Supreme Court rules

India Today  

The Supreme Court on Wednesday said Aadhaar, the ambitious public scheme that uses biometric data to generate unique identification numbers for citizens, is constitutionally valid. #AadhaarVerdict Congress September 26, 2018 The court said it wasn't mandatory to link Aadhaar to bank accounts or mobile numbers, but that that the identification was compulsory for the filing of I-T returns and for …

India decriminalises gay sex: Another win for the Supreme Court
6 years, 6 months ago

India decriminalises gay sex: Another win for the Supreme Court

Al Jazeera  

As the government looked the other way, India’s Supreme Court was once again forced to right a historical wrong. India’s Supreme Court – arguably the world’s most activist court – has struck a blow for autonomy and equality by offering a “rainbow of hope” for LGBTIQ Indians. Chief Justice Misra’s opinion expresses a broad conception of the court’s power with …

The Right To Privacy Judgment Is A Year Old, But Not A Year Wiser
6 years, 7 months ago

The Right To Privacy Judgment Is A Year Old, But Not A Year Wiser

Live Law  

August 24 marks the first anniversary of the Supreme Court’s seminal judgment on the right to privacy in Justice KS Puttaswamy v. Union of India, which was a watershed moment in Indian fundamental rights jurisprudence. However, the developments since its pronouncement have only battered the tall principles laid out by the Constitution Bench instead of making these rights stronger, or …

The Right To Privacy Judgment Is A Year Old, But Not A Year Wiser
6 years, 7 months ago

The Right To Privacy Judgment Is A Year Old, But Not A Year Wiser

Live Law  

August 24 marks the first anniversary of the Supreme Court’s seminal judgment on the right to privacy in Justice KS Puttaswamy v. Union of India, which was a watershed moment in Indian fundamental rights jurisprudence. However, the developments since its pronouncement have only battered the tall principles laid out by the Constitution Bench instead of making these rights stronger, or …

WhatsApp row: On secrecy, privacy & property
6 years, 8 months ago

WhatsApp row: On secrecy, privacy & property

Deccan Chronicle  

Rahul Gandhi had alleged, during last week’s doomed-from the-start no-confidence motion in Parliament, that corruption in the 2016 agreement signed by the Narendra Modi government to purchase 36 Rafale fighter jets from France had forced defence minister Nirmala Sitharaman to backtrack from her assurance to disclose details of the price of purchase. The fundamental right to privacy is restricted by …

Limiting the government’s ability to violate privacy
6 years, 8 months ago

Limiting the government’s ability to violate privacy

Live Mint  

In the 1920s, Roy Olmstead was the most successful and powerful bootlegger in Seattle. He pointed out that technology had created “subtler and more far-reaching means of invading privacy”, making it possible for the government “by means far more effective than stretching upon the rack, to obtain disclosure in court of what is whispered in the closet”. In decrying the …

Dissecting Supreme Court's Protection of Fundamental Rights- In conversation with Jayna Kothari, Editor, Rights in Review
6 years, 8 months ago

Dissecting Supreme Court's Protection of Fundamental Rights- In conversation with Jayna Kothari, Editor, Rights in Review

Live Law  

"In 2017, we can see that while Article 19 freedoms were not that strongly prominent, Article 25 Right to Freedom of Religion protection was very strong", Jayna Kothari, Editor, Rights in Review & Director, Centre for Law & Policy Research. Jayna Kothari: The Rights in Review started with the aim of reviewing Supreme Court cases which impact fundamental rights protection …

Dissecting Supreme Court's Protection of Fundamental Rights- In conversation with Jayna Kothari, Editor, Rights in Review
6 years, 8 months ago

Dissecting Supreme Court's Protection of Fundamental Rights- In conversation with Jayna Kothari, Editor, Rights in Review

Live Law  

"In 2017, we can see that while Article 19 freedoms were not that strongly prominent, Article 25 Right to Freedom of Religion protection was very strong", Jayna Kothari, Editor, Rights in Review & Director, Centre for Law & Policy Research. Jayna Kothari: The Rights in Review started with the aim of reviewing Supreme Court cases which impact fundamental rights protection …

Aadhaar law violates basic human rights, Supreme Court told
6 years, 10 months ago

Aadhaar law violates basic human rights, Supreme Court told

Deccan Chronicle  

New Delhi: The Aadhaar law, which impacts human rights protected as fundamental rights in the Constitution in every possible way, must not remain in the statute, argued senior counsel Shyam Divan in the Supreme Court on Wednesday. Mr. Divan in his rejoinder told a five judge Constitution Bench comprising Chief Justice Dipak Misra and Justices A.K. Chandrachud and Ashok Bhushan …

Intolerance is engineered
7 years ago

Intolerance is engineered

Deccan Chronicle  

Students constitute the most idealistic, impressionable and impulsive segment of society. University and college campuses are great altars of learning where students start thinking freely and are able to demarcate right from wrong. As Tagore said: 'Where mind is without fear…where knowledge is free…where words come out from the depth of truth…where mind is led forward…into ever-widening thought… into that …

Supreme Court to hear Aadhaar cases today: Look back at how law has developed on the issue
7 years, 2 months ago

Supreme Court to hear Aadhaar cases today: Look back at how law has developed on the issue

Firstpost  

The Aadhaar case will be a look at the legality of the The Aadhaar Act, 2016. Right to Privacy and its effect on Aadhaar In August 2017, the Supreme Court in a unanimous 9:0 judgment had declared the Right to Privacy to be a Fundamental Right. It is always subject to reasonable restrictions.” Thus even after recognising Right to Privacy …

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