Neglective Rights In Maneka Gandhi V. Union Of India

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In Maneka Gandhi v. Union of India , it was held that the right to privacy `is an essential ingredient of personal liberty’ and that the right to `personal liberty is `a right of an individual to be free from restrictions or encroachments on his person, whether those restrictions or encroachments are directly imposed or indirectly brought about by calculated measures.
The contentions before us have touched on aspects such as the `right to privacy’ and the `right against cruel, inhuman and degrading treatment’. It is also structured around the right to fair trial which is an essential component of `personal liberty’.
There are several ways in which the involuntary administration of either of the impugned tests could be viewed as a restraint on `personal liberty’. The most obvious indicator of restraint is the use of physical force to ensure that an unwilling person is confined to the premises where the tests are to be conducted. . In People’s Union for Civil Liberties v. Union of India , it was held that the unauthorised tapping of telephones by police personnel violated the `right to privacy’ as contemplated under Article 21. However, it was not stated that telephone-tapping by the police was absolutely prohibited, presumably because the same may be necessary in some circumstances to prevent criminal acts and in the course of investigation. Hence, such intrusive practices are permissible if done under a proper legislative mandate that regulates their use.
Court’s Decision

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