AIR 2017 SUPREME COURT 4161 ::AIR 2017 SC (Civil) 2714

Supreme Court Of India

Hon'ble Judge(s): Jagdish Singh Khehar, J. Chelameswar, S. A. Bobde, R. K. Agrawal, R. F. Nariman, Abhay Manohar Sapre, D. Y. Chandrachud, Sanjay Kishan Kaul, S. Abdul Nazeer , JJJ

(A) Constitution of India , Art.21— Right to life and personal liberty - Includes Right to privacy as an integral part guaranteed under Part III of Constitution. AIR 1954 SC 300, AIR 1963 SC 1925 and AIR 1976 SC 1207, Overruled. Privacy is concomitant of right of individual to exercise control over his or her personality. It finds an origin in notion that there are certain rights which are natural to or inherent in human being. Natural rights are inalienable because they are inseparable from human personality. Human element in life is impossible to conceive without existence of natural rights and integrally founded on sanctity of life. Dignity is associated with liberty and freedom. No civilized State can contemplate an encroachment upon life and personal liberty without authority of law. Neither life nor liberty is bounties conferred by State nor does Constitution create these rights. Right to life has existed even before advent of Constitution. In recognising right, Constitution does not become sole repository of right. It would be preposterous to suggest that democratic Constitution without Bill of Rights would leave individuals governed by State without either existence of right to live or means of enforcement of right. Right to life being inalienable to each individual, it existed prior to Constitution and continued in force under Art. 37....