Article 20 & 21

 The fundamental right to life under Article 21 encompasses the right of an individual to make choices and take decisions impacting the evolution of the individual https://www.livelaw.in/news-updates/students-fundamental-right-to-choose-college-145549

Puttaswamy Vs Union of  India

The nine-judge bench of the Supreme Court unanimously recognized that the Constitution guaranteed the right to privacy as an intrinsic part of the right to life and personal liberty under Article 21. The Court overruled M.P. Sharma, and Kharak Singh in so far as the latter did not expressly recognize the right to privacy.

The right to privacy was reinforced by the concurring opinions of the judges in this case which recognized that this right includes autonomy over personal decisions , bodily integrity (e.g. reproductive rights) as well as the protection of personal information (e.g. privacy of health records,Adhar card). The concurring judgments included specific implications of this right, some of which are illustrated below:

J. Chelameswar: in his opinion, the Judge said that the right to privacy implied a right to refuse medical treatment, a right against forced feeding, the right to consume beef and the right to display symbols of religion in one’s personal appearance etc.

J. Bobde: the Judge observed that consent was essential for the distribution of inherently personal data such as health records.

J. Nariman: in this concurring opinion, the Judge classified the facets of privacy into non-interference with the individual body, protection of personal information and autonomy over personal choices.

J. Sapre: the Judge said that, in addition to its existence as an independent right, the right to privacy included an individual’s rights to freedom of expression and movement and was essential to satisfy the constitutional aims of liberty and fraternity which ensured the dignity of the individual.

J. Kaul: the Judge discussed the right to privacy with respect to the protection of informational privacy and the right to preserve personal reputation. He said that the law must provide for data protection and regulate national security exceptions that allow for interception of data by the State.

https://globalfreedomofexpression.columbia.edu/cases/puttaswamy-v-india/

The Fundamental Rights are defended & Guaranteed by the Supreme court hence the aggreviated can DIRECTLY go to the Supreme court of India for Justice without first going to the Hight court 

Rights under Article 20 & 21 Cannot be suspended even during NATIONAL EMERGENCY

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Privacy can be defined as the state of being free form intrusion or disturbance in one’s private life and in affairs.

In the case of R. Sukhanya v. R. Sridhar,[xiii] the Court held that the publication of matrimonial proceedings, meant to be conducted in camera, as invasion of right of privacy. More importantly, the Court also held that “the rightful claim of an individual to determine the extent to which he wishes to share himself with others and his control over the time, place and circumstances to communicate to others.”

In R. Rajagopal v. State of Tamil Nadu[xiv], the Supreme Court has asserted that in recent times, the right to privacy has acquired constitutional Status. It is “implicit in the right to life and liberty guaranteed to the citizens” by Article 21.https://blog.ipleaders.in/substantive-rights-flow-article-21/

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In golaknath case, The supreme 

court Ruled that the Fundamental 

Rights are given a Transcendental 

& Immutable status hence Even 

parliament cannot take away these 

rights

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Puttaswamy Vs Union of  India judgment , further affirms three aspects of the fundamental right to privacy, namely:

(i) intrusion with an individual's physical body,

(ii) informational privacy and

(iii) privacy of choice.

Informational privacy protects a person by giving her control over the dissemination of material that is personal to her. 

And disallowing unauthorised use of such information.

The third aspect of privacy relates to an individual's autonomy by protecting her fundamental personal choices. 

 These aspects have a functional connection and relationship with Human dignity - In this sense, privacy is a postulate of human dignity.

 Human dignity has a constitutional value - Further, by a catena of judgments, human dignity is treated as a fundamental right as a facet not only of Article 21 but that of right to equality (Article 14) and also part of the bouquet of freedoms stipulated in Article 19 - Therefore, privacy as a right is intrinsic of freedom, liberty and dignity

" There are two principles about the concept of human dignity. 

The first principle sees

- an 'intrinsic value' of every person, namely, every person has a unique objective value which value is not only significant to that person alone but success or failure of the lives of every person is vital to all us - It can also be stated as self-respect which represents 

-the free will of the person, 

-her capacity to think for herself and to control her own life 

The second principle is that of 'personal responsibility, which means every person is responsible for success in their own life. Therefore, she must use her discretion regarding the way of life that will be successful from her point of view. "

-Dworkin

Dignity is to be treated as 'empowerment' which makes a triple demand in the name of 'respect' for human dignity, namely:

(i) respect for one's capacity as an agent to make one's own free choices;

(ii) respect for the choices so made; and

(iii) respect for one's need to have a context and conditions in which one can operate as a source of free and informed choice.