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Right to Privacy is Included in Right to Life, but is not Absolute - Mr. ‘X’ V. Hospital ‘Z’ AIR 1995 SC 495 and the Rights of HIV/AIDS Patients

By Hema V. Menon

Published In

Air 2002

“The right of privacy is an essential component of right of life envisaged by Art. 21. The right however, is not absolute and may be lawfully restricted for the prevention of crime, disorder or protection of health or morals or protection of rights and freedom of others”. The Court while laying down this principle in Mr. ‘X’ V. Hospital ‘Z’ has further laid down a landmark principle in the judgment that “the disclosure by the doctor that the appellant who was to get married was found to be HIV(+) would not be violative of either the rule of confidentiality or the appellant’s right of privacy as Ms. ‘Y’ with whom the appellant was likely to be married was saved in time by such disclosure or else, she too would have been infected with the dreadful disease if marriage had taken place and consummated.” The Court pointing out the hazards of the pandemic called AIDS/HIV further observed— “Mr. ‘y&rs ....

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