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K.S. Puttaswamy v. Union of India (2017)

Right to Privacy and Bodily Autonomy

The nine-judge constitutional bench in Justice K.S. Puttaswamy (Retd.) v. Union of India (2017) unanimously held that the right to privacy is a fundamental right under Article 21 of the Constitution. The Court held that privacy encompasses informational privacy, bodily integrity, and decisional autonomy — including choices about one's identity, sexual orientation, and gender expression. The judgment specifically identified dignity and autonomy as core elements, and noted that the State cannot compel disclosure of personal biological information as a condition for exercising rights.

Key details
  • Case: K.S. Puttaswamy v. Union of India, (2017) 10 SCC 1
  • Bench: 9-judge constitutional bench; unanimous judgment
  • Overruled: M.P. Sharma (1954) and Kharak Singh (1963) to the extent they denied privacy as a FR
  • Key ratio: Privacy is intrinsic to liberty; informational self-determination is protected under Article 21
  • Connected to NALSA: Privacy protects gender identity — the State cannot impose biological tests
In the news

Tracked since March 26, 2026 · last seen July 14, 2026 · updates as the daily brief publishes

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