Chapter-2 Privacy of Body and Family of Person
- Privacy of body and personal life of person: (1) The privacy of the matters relating to physical and mental condition of every person shall be inviolable.
(2) The matters of privacy of the body of any person shall be inviolable without the consent of the person concerned, except in cases of conducting his or her health examination, health treatment or emergency relief work.
(3) Every person shall have the right to maintain the privacy of the matters such as biological or biometric identity, gender identity, sexuality, sexual relation, conception or abortion, virginity, potency, impotency or physical illness related to his or her personal life.
(4) No person shall publish, or cause to be published, any matters referred to in sub-section (3) which are related to any person so as to affect, inflict or insult in the personal life of such a person, by writing, speaking, publishing or using electronic means or any other manner.
(5) Notwithstanding anything contained in this Section, the privacy of physical or mental condition or private life of a person may be disclosed on the following condition:
(a) If it is a matter involving the consent of the person concerned,
(b) If it is the matter already made public by the person concerned with his or her own will,
(c) If it is the matter investigated in the course of any offence, by the investigating or prosecuting official,
(d) If the matter related to sub-section (3) or physical condition or private life of a person has to be disclosed for obtaining any facility or concession, and he or she obtains or desires to obtain such facility or concession.
- To have family privacy: (1) Every person shall have the right to maintain family privacy for maintaining the family life or the family integrity.
(2) The matter related to mutual privacy that is known only between the husband and wife in the course of conjugal life shall be inviolable except in the cases where it is necessary in the context of the case running between the husband and wife.
- Not to search body: (1) Without obtaining the consent of any person, his or her body or anything with him or her or used by him or her shall not be searched.
(2) Notwithstanding anything contained in sub-section (1), in cases where it is necessary to carry out any security check under the prevailing law or to search any person in the course of investigation of a criminal offence, the authorized official or any person or security deputed for the purpose of security in accordance with his or her order may carry out search in accordance with law.
(3) The officials deputed for conducting security check pursuant to sub-section (2) shall have to retain with him or her the authority obtained for the security check, and show it before conducting search if the person concerned wants to see it.
(4) The security person deputed to follow the duty for regular or emergency security check at any public place, wearing the badge and uniform according to his or her post, shall be deemed to have had the authority for the security check.
- Privacy relating to reproductive health and pregnancy: The matter relating to reproductive health and pregnancy of every woman shall be inviolable and, without her consent, information of such matter shall not be given to anyone else or be made public.
Provided that, it shall not bar to hold discussion between the concerned specialists about such matter in the course of health treatment or providing information for the member of his or her undivided family and for his or her guardian, if he or she has not attained the age of eighteen years or is of unsound mind.