Justice K.S.Puttaswamy(Retd) vs Union Of India on 26 September, 2018
5. The right to legal aid. M.H. Hoskot v. State of Maharashtra [M.H. Hoskot v. State of Maharashtra,
(1978) 3 SCC 544 : 1978 SCC (Cri) 468].
6. The right to speedy trial. Hussainara Khatoon (1) v. State of Bihar[Hussainara Khatoon (1) v.
State of Bihar, (1980) 1 SCC 81 : 1980 SCC (Cri) 23] .
7. The right against handcuffing. Prem Shankar v. Delhi Admn. [Prem Shankar Shukla v. Delhi
Admn., (1980) 3 SCC 526 : 1980 SCC (Cri) 815]
8. The right against delayed execution. T.V. Vatheeswaran v. State of T.N. [T.V. Vatheeswaran v.
State of T.N., (1983) 2 SCC 68 : 1983 SCC (Cri) 342]
9. The right against custodial violence. Sheela Barse v. State of Maharashtra [Sheela Barse v. State of
Maharashtra, (1983) 2 SCC 96 : 1983 SCC (Cri) 353].
10. The right against public hanging. Attorney General of India v. Lachma Devi [Attorney General of
India v. Lachma Devi, 1989 Supp (1) SCC 264 : 1989 SCC (Cri) 413].
11. Doctor's assistance. Paramananda Katara v. Union of India [Parmanand Katara v. Union of
India, (1989) 4 SCC 286 : 1989 SCC (Cri) 721].
12. Shelter. Santistar Builders v. Narayan Khimalal Totame [Shantistar Builders v. Narayan
Khimalal Totame, (1990) 1 SCC 520] . In the case of privacy, the case for judicial enumeration is
especially strong. It is no doubt a fair implication from Article 21, but also more. Privacy is a right or
condition, logically presupposed [ Laurence H. Tribe And Michael C. Dorf, Levels Of Generality in
the Definition of Rights, 57 U CHI L REV 1057 (1990) at p. 1068.] by rights expressly recorded in the
constitutional text, if they are to make sense. As a result, privacy is more than merely a derivative
constitutional right. It is the necessary and unavoidable logical entailment of rights guaranteed in
the text of the Constitution.
R.F. Nariman, J:
482. Shri Sundaram has argued that rights have to be traced directly to those expressly stated in the
fundamental rights chapter of the Constitution for such rights to receive protection, and privacy is
not one of them. It will be noticed that the dignity of the individual is a cardinal value, which is
expressed in the Preamble to the Constitution. Such dignity is not expressly stated as a right in the
fundamental rights chapter, but has been read into the right to life and personal liberty. The right to
live with dignity is expressly read into Article 21 by the judgment in Jolly George Varghesev. Bank of
Cochin [Jolly George Varghese v. Bank of Cochin, (1980) 2 SCC 360] , at para 10. Similarly, the right
against bar fetters and handcuffing being integral to an individual's dignity was read into Article 21
by the judgment in Sunil Batra v. Delhi Admn. [Sunil Batra v. Delhi Admn., (1978) 4 SCC 494 : 1979
SCC (Cri) 155] , at paras 192, 197-B, 234 and 241 and Prem Shankar Shukla v. Delhi Admn. [Prem
Shankar Shukla v. Delhi Admn., (1980) 3 SCC 526 : 1980 SCC (Cri) 815] , at paras 21 and 22. It is
too late in the day to canvas that a fundamental right must be traceable to express language in Part
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