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ClearIAS » Current Affairs Notes » Right to Privacy as a Fundamental Right – Implications of the Verdict

Right to Privacy as a Fundamental Right – Implications of the Verdict

Last updated on September 30, 2017 by Clear IAS Team

Right to Privacy
In a landmark judgement on 24-08-2017,  a nine-judge Supreme Court Constitutional bench declared Right to Privacy is a Fundamental Right. The stand taken by Supreme Court may turn as a massive setback to the Government’s push to link multiple identities with Aadhaar – which is alleged to compromise privacy.

The Petition to declare Privacy as Fundamental Right

It was the Aadhar push by the Central government, which made many citizens file petitions before the Supreme Court – to declare Privacy as Fundamental Right. There were 20+ Aadhar related cases. The petitioners wanted Supreme Court to recognize, among other things, a fundamental right to privacy under the Constitution.

Petitioners included Former Karnataka HCjudge KS Puttaswamy (now 91) and activists Bezwada Wilson, Aruna Roy and Nikhil Dey. (Reference: Times of India)

Supreme Court’s earlier verdicts overruled – that too by a 9-0 majority!

Delivering a unanimous verdict, Supreme Court overruled the earlier eight-judge bench judgment in MP Sharma case and six-judge bench judgment in Kharak Singh case – both of which had ruled that privacy is not a Fundamental Right. (Reference: Economic Times)

Supreme Court of India has held that right to privacy is a Fundamental Right and it is protected under Article 21 of the Constitution of India. This verdict has a huge impact on the lives of 134 crore Indians.

Decision yet to be taken on the validity of information sharing via Aadhar

The 9-judge bench has not decided the fate of Aadhaar, only the nature and status of the right to privacy under the Constitution.

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A five-judge bench of the apex court will test the validity of Aadhaar from the aspect of privacy as a Fundamental Right soon.  Any law, like the Aadhar Act, which seeks to restrict the right to privacy, will now have to be tested on the touchstone of Article 21.

Criticisms of Aadhar Linkage

Privacy as a Fundamental Right

In the wake of data leaks and hacking incidents, Aadhaar critics argue that biometric data linked to the card could be misused by the government agencies.

Centre’s stand on Aadhar Linkage

  • Strongly backing the Aadhaar scheme, the Centre submitted that the right to life of millions of poor in the country through food, shelter and welfare measures was far more important than privacy concerns raised by the elite class.
  • Controversially, Attorney General K K Venugopal arguing for the Centre also stated that privacy claims required better priority in developed countries “not in a country like India where a vast majority of citizens don’t have access to basic needs”.
  • The government was categorical that after enrolling nearly 100 crore citizens spending an astronomical amount of Rs 6,300 crore there was no going back.
  • He said the right to privacy cannot be invoked to scrap the Aadhaar scheme. (Reference: Live Law)

Importance of the Right to Privacy verdict

Privacy Policy

  • Knowingly or unknowingly citizens share a lot of personal data in the technological age. This can be misused not only by Government but also big Companies.
  • Recognising privacy as a fundamental right will create a change in the relationship between the State and the citizen
  • Section 377 of IPC is now questionable.
  • DNA Profiling Bill may violate the right to privacy.
  • This verdict on right to privacy will also challenge the validity of privacy policies of many companies (Eg: WhatsApp’s new privacy policy).
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Reader Interactions

Comments

  1. Abhi says

    August 24, 2017 at 2:33 pm

    Article 377 or section 377 of IPC??

    Reply
  2. ClearIAS.com says

    August 24, 2017 at 4:16 pm

    Section 377 of IPC. Updated. Thanks for pointing out.

    Reply
  3. இராஜராஜசோழன் -RAJARAJASOZHAN.A says

    August 24, 2017 at 8:17 pm

    Sir , im a part time worker . how can i complete the [[[[ 44- NCERT books & REF books …?]]]]
    pls .., Give me a “Timetable for me / Part time IAS ASPIRANTS……”

    Reply
    • Vivek Shukla says

      August 25, 2017 at 10:57 pm

      I am not demolarising you but you have nothing explain about your job. How I come to know when you are free and how any other make your time table.dear only your determination can make sense because a lot of students paying 100% attention but your attention diverted day to day basis.first you have to confirm do you really serious and determined or not then make your own time table .you know more about your circumstances and study behaviour.actually I am more emphasising just because CSE needs decision making aspirants not those who depends on others more or less

  4. Kamlesh says

    April 24, 2018 at 3:43 pm

    Hi Clearias!
    Here I feel that some more points must have been added. As you mentioned that government already has spent too much time and money, so there is no any going back from here. But this implementation of Aadhar alleged to have many flows. It would be better if you would have mentioned some point to show how without violating the right to privacy verdict government can implement schemes like Aadhar for the welfare of general public.

    Reply

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