where is the right to privacy found in the constitution
Right to privacy Although the Constitution does not explicitly include the right to privacy, the Supreme Court has found that the Constitution implicitly grants a right to privacy against governmental intrusion from the First Amendment, Third Amendment, Fourth Amendment, and the Fifth Amendment.[17] This right to privacy has been the justification for decisions involving a wide range of civil liberties cases, including Pierce v. Society of Sisters, which invalidated a successful 1922 Oregon initiative requiring compulsory public education, Griswold v. Connecticut, where a right to privacy was first established explicitly, Roe v. Wade, which struck down a Texas abortion law and thus restricted state powers to enforce laws against abortion, and Lawrence v. Texas, which struck down a Texas sodomy law and thus eliminated state powers to enforce laws against sodomy.
Right to privacy A nine-judge bench of the Supreme Court headed by Chief Justice JS Khehar, ruled on August 24, 2017 that the Right to Privacy is a fundamental right for Indian citizens under the Constitution of India (mostly under Article 21 and additionally under Part III rights). Thus no legislation passed by the government can unduly violate it. Specifically, the court adopted the three-pronged test required for encroachment of any Article 21 right – legality-i.e. through an existing law; necessity, in terms of a legitimate state objective and proportionality, that ensures a rational nexus between the object of the invasion and the means adopted to achieve that object. This clarification was crucial to prevent the dilution of the right in the future on the whims and fancies of the government in power.[22] This ruling by the supreme Court will open debate about the scrapping of the archaic section 377, that criminalizes Homosexual acts of union.[23] India is the world’s biggest democracy and with this ruling, it has joined United States, Canada, South Africa, the European Union and the UK in recognizing this fundamental right.[24]
Jury trial English common law and the United States Constitution recognize the right to a jury trial to be a fundamental civil liberty or civil right that allows the accused to choose whether to be judged by judges or a jury.
Right to privacy A nine-judge bench of the Supreme Court headed by Chief Justice JS Khehar, ruled on August 24, 2017 that the Right to Privacy is a fundamental right for Indian citizens under the Constitution of India (mostly under Article 21 and additionally under Part III rights). Thus no legislation passed by the government can unduly violate it. Specifically, the court adopted the three-pronged test required for encroachment of any Article 21 right – legality-i.e. through an existing law; necessity, in terms of a legitimate state objective and proportionality, that ensures a rational nexus between the object of the invasion and the means adopted to achieve that object. This clarification was crucial to prevent the dilution of the right in the future on the whims and fancies of the government in power. .[21] This ruling by the supreme Court will open debate about the scrapping of the archaic section 377, that criminalizes Homosexual acts of union .[22] India is the world’s biggest democracy and with this ruling, it has joined United States, Canada, South Africa, the European Union and the UK in recognizing this fundamental right.[23]