Skip to content

Right to Privacy and Fair Trial: High Court on Reasonable Curbs

20 June 20251 min read
NATIONAL AFFAIRSRight to Privacyand Fair Trial: HighCourt onReasonable Curbs20 June 2025safalsetu.com

Why in the news

A High Court observed that privacy is fundamental yet open to reasonable curbs, as it must be balanced against a fair trial in a spousal dispute.

ProvisionPoint
Article 21Balances privacy with fair trial
Section 14, Family Courts ActCourts may accept any material relevant to the dispute
Section 122, Indian Evidence ActMarital communication protected, except between spouses (e.g. divorce)

About the right to privacy

  • Control over personal information, personal autonomy, dignity, data safety and freedom from surveillance.
  • Declared fundamental in Justice K.S. Puttaswamy (Retd.) v. Union of India (2017).

Fundamental rights

  • Guaranteed in Articles 12 to 35, Part III; a check on abuse of power.

Exam angle

  • Case: Puttaswamy (2017); Article 21; Part III.

Test yourself

1. In which case was the right to privacy recognised as a fundamental right in India?

The 2017 Puttaswamy judgment recognised it under Article 21.

2. Fundamental rights are contained in which part of the Constitution, spanning Articles 12 to 35?

Articles 12 to 35 form Part III.

3. Which section of the Indian Evidence Act protects marital communication except in proceedings between spouses?

Section 122 protects it, but not in spousal proceedings like divorce.