Privacy is a Fundamental Right but is Subject to Reasonable Curbs: HC

In a significant ruling impacting digital evidence in matrimonial disputes, the Madhya Pradesh High Court has upheld the admissibility of WhatsApp chats obtained without consent. The court emphasized that while privacy is a fundamental right under Article 21, it is not absolute and may yield to the right to a fair trial, also protected under Article 21.

Legal Provisions Referenced

• Article 21: Balancing privacy rights and fair trial guarantees.
• Section 14, Family Courts Act: Empowers courts to accept any material relevant to dispute resolution.
• Section 122, Indian Evidence Act: Marital communication is protected, but not in proceedings between spouses (e.g., divorce).

Right To Privacy

The right to privacy is the fundamental right of individuals to control the dissemination and use of their personal information, maintain personal autonomy, and protect their dignity. It encompasses the right to make personal decisions without unwarranted interference, safeguard personal data, and enjoy private spaces free from surveillance. 

Right to Privacy is a Fundamental Right in Which Case?

In India, the right to privacy was recognized as a fundamental right in the case of Justice K.S. Puttaswamy (Retd.) and Anr. v. Union of India and Ors. (2017). This landmark judgment by the Supreme Court affirmed that the right to privacy is an intrinsic part of the right to life and personal liberty under Article 21 of the Constitution. 

What are Fundamental Rights?

Fundamental rights are a set of basic human rights that are guaranteed to citizens by Articles 12 to 35 of the Indian Constitution, which are contained in Part III. They serve as a safeguard against potential abuses of power by the