Telephone tapping would violate the right to privacy guaranteed under Article 21
The case revolved around the question of constitutional validity of Section 5(2) of the Indian Telegraph Act and whether it violates an individual’s Right to Privacy. The petitioners argued that it be read down and a procedural established by law must be defined within the same. The respondents on behalf of the Union of India argued that the same cannot be done as it was ‘absolutely necessary’ in order to maintain national security and public order. The court noted that though the constitution doesn’t expressly provide for a ‘Right to Privacy’ it is guaranteed as part of the ‘right to life and personal liberty’ as part of Article 21 of the constitution and cannot be curtailed except according to a procedure established by law. The act of telephone tapping violates not just this right to privacy but also an individual’s right to freedom of speech and expression as under Article 19(1)(a) of the constitution. “It is no doubt correct that every Government, howsoever democratic, exercises some degree of sub rosa operation as a part of its intelligence out-fit but at the same time citizen’s right to privacy has to be protected from being abused by the authorities of the day.”
Case Name
People's Union Of Civil Liberties ... vs Union Of India (Uoi) And Anr. on 18 December, 1996
Court
Supreme Court
Litigation Status
Completed
Type of litigation file
Judgement