International Journal For Multidisciplinary Research

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Volume 7 Issue 4
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Right to Privacy vs. Right to Public Health: A Debatable Question of Supremacy

Author(s) Dr. RAKESH CHAANDRA
Country India
Abstract Every human being is born free and deserves privacy in the realm of daily life. In India, this right has also been accorded the status of fundamental right. Normally, the right to privacy is the general norm but at the same time this right is not absolute. There are exceptions too to this right, including the right to maintain secrecy about one's own health card. There is no doubt that any person's personal health card is protected by the right to privacy. However, if any of the diseases with which any person is inflicted with, and that disease is contagious or otherwise harmful to society, it whole is of contagious nature that may affect the health of other persons, either of his family or of the surrounding locality, must be brought into public notice as it can affect the people in general. Here, it would be pertinent to note that individual rights can never supersede the public rights. Public health issues encompass the betterment of the public and therefore, the right to privacy of any individual is secondary to any other right. Mr. X vs. Hospital Z is the case in point where the apex court has clearly defined the contours of both the rights. The controversy around the Aarogya Setu during the times of Covid-19 pandemic was also laid to rest on the basis of public health which needs to be protected at all costs. This paper explores the various dimensions of both rights and suggests the way out.
Keywords Individual Rights, Public Health, Right to Privacy, Contagious Diseases, Balancing of Rights.
Field Sociology > Administration / Law / Management
Published In Volume 7, Issue 4, July-August 2025
Published On 2025-07-05
DOI https://doi.org/10.36948/ijfmr.2025.v07i04.49299
Short DOI https://doi.org/g9s88h
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