On 30 October 2019, SC Observer will hold its first workshop for medical students. We will lead a discussion session on the right to privacy and the Constitution for first year undergraduate students at St. John’s Medical College, Bengaluru.
Through the prism of the 2017 Puttaswamy judgment, the workshop will aim to introduce students to how to think critically about the Constitution. In particular, the students will be tasked with understanding how the Supreme Court of India interpreted the fundamental rights chapter of the Constitution (Part III) to implicitly contain the right to privacy.
As the students do not have a background in law, the session will begin with a general introduction to what a constitution is. After that, they will be introduced to the Constitution of India. In particular, they will learn about the fundamental rights chapter and how the Supreme Court (and High Courts) enforce fundamental rights.
After this introduction, the students will engage in an activity where they will be challenged to ‘play a judge’. They will be presented with a factual scenario and will have to determine an outcome with reference to Part III of the Constitution.
We will then take the students through the Supreme Court’s Puttaswamy judgment. The students will be shown how the right to privacy is nowhere explicitly included in the Constitution, but that the Court interpreted it to flow from the fundamental rights to free speech and expression, and life and personal liberty. Further, the students will be challenged to think about reasonable limits on the fundamental right to privacy.
The session will end with two practice discussion questions, where the students will be asked to apply what they have learned to two factual scenarios involving the right to privacy.