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Forensic Medicine · Medical law and ethics: right to privacy and medical records
Sample itemA patient sues a hospital that gave his diagnosis to his employer without consent. His lawyer relies on the 2017 Supreme Court judgment of Puttaswamy. Under which provision did the Court locate the fundamental right to privacy?
Original practice item, not a recalled exam question. Nothing here is recorded.
The answer and the reasoning
A. Right to life and liberty, Article 21
In Justice K. S. Puttaswamy v Union of India (2017) a nine-judge Constitution bench held that the right to privacy is a fundamental right protected as part of the right to life and personal liberty under Article 21, and within the freedoms of Part III. Medical information is a core area of privacy.
Option by option
A. Right to life and liberty, Article 21 (correct)
Correct. Privacy was held to be intrinsic to life and personal liberty.
B. Right to property under Article 300A
Article 300A is the legal right to property and is not a fundamental right.
C. Right to freedom of religion under Article 25
Article 25 protects freedom of religion and is not the source of the privacy right.
D. Directive principle on public health under Article 47
Article 47 is a directive principle on health and nutrition, not a fundamental right.
Source note: Original NextPrep sample item — pending expert review. This item is original practice material awaiting independent expert review, so confirm important facts in a standard textbook.
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