Justice K.S.Puttaswamy(Retd) vs Union Of India on 26 September, 2018
[Campbell v. MGN Ltd., (2004) 2 AC 457 : (2004) 2 WLR 1232 : (2004) UKHL 22 (HL)] , AC p. 464
D-F, para
12) 12. The present case concerns one aspect of invasion of privacy: wrongful disclosure of private
information. The case involves the familiar competition between freedom of expression and respect
for an individual's privacy. Both are vitally important rights. Neither has precedence over the other.
The importance of freedom of expression has been stressed often and eloquently, the importance of
privacy less so. But it, too, lies at the heart of liberty in a modern state. A proper degree of privacy is
essential for the well-being and development of an individual. And restraints imposed on
government to pry into the lives of the citizen go to the essence of a democratic state: see La Forest
J. in R. v. Dyment [R. v. Dyment, 1988 SCC OnLine Can SC 86 : (1988) 2 SCR 417] , SCC OnLine
Can SC para 17 : SCR p.
426.
619. Privacy is also the key to freedom of thought. A person has a right to think. The thoughts are
sometimes translated into speech but confined to the person to whom it is made. For example, one
may want to criticise someone but not share the criticism with the world.
Chelameswar, J.:
372. History abounds with examples of attempts by Governments to shape the minds of subjects. In
other words, conditioning the thought process by prescribing what to read or not to read; what
forms of art alone are required to be appreciated leading to the conditioning of beliefs; interfering
with the choice of people regarding the kind of literature, music or art which an individual would
prefer to enjoy. [Stanleyv. Georgia, 1969 SCC OnLine US SC 78 : 22 L Ed 2d 542 : 394 US 557
(1969)3. that the mere private possession of obscene matter cannot constitutionally be made a
crime.***9. State has no business telling a man, sitting alone in his own house, what books he may
read or what films he may watch. Our whole constitutional heritage rebels at the thought of giving
Government the power to control men's minds. (SCC OnLine US SC paras 3 & 9)] Such conditioning
is sought to be achieved by screening the source of information or prescribing penalties for making
choices which Governments do not approve. [Bijoe Emmanuel v. State of Kerala, (1986) 3 SCC 615]
Insofar as religious beliefs are concerned, a good deal of the misery our species suffer owes its
existence to and centres around competing claims of the right to propagate religion. Constitution of
India protects the liberty of all subjects guaranteeing [25. Freedom of conscience and free
profession, practice and propagation of religion.(1) Subject to public order, morality and health and
to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the
right freely to profess, practice and propagate religion.(2) Nothing in this article shall affect the
operation of any existing law or prevent the State from making any law(a) regulating or restricting
any economic, financial, political or other secular activity which may be associated with religious
practice;(b) providing for social welfare and reform or the throwing open of Hindu religious
institutions of a public character to all classes and sections of Hindus.Explanation I.The wearing and
carrying of kirpans shall be deemed to be included in the profession of the Sikh religion.
Explanation II.In sub-clause (b) of clause (2), the reference to Hindus shall be construed as
Indian Kanoon - http://indiankanoon.org/doc/127517806/
71
Sélectionner le paragraphe cible3
Se connecter à un paragraphe
Connect to an entity
Disable highlights
Ajouter à la table des matières