News

PRIVACY A FUNDAMENTAL RIGHT, RULES APEX COURT

India SC Right to Privacy

In a landmark judgement, a nine-judge Supreme Court bench on August 24 2017 declared privacy a fundamental right, a decision that may impact everything from the government’s signature Aadhaar programme to civil liberties, to gay rights to collection and use of personal data by Internet and financial firms.
The verdict can also impact restrictions on right to convert and choice of food

Supreme Court rules Right to Privacy is a Fundamental Right

  • Landmark judgement will impact the lives of 134 crore Indians
  • 9-judge SC Constitutional bench said Right to Privacy is a Fundamental right
  • The Supreme Court delivered a unanimous verdict
  • Supreme Court overruled earlier eight-judge bench judgment in MP Sharma case
  • Supreme Court overruled earlier six-judge bench judgment in Kharak Singh case
  • Earlier ruling had held that citizens had no such fundamental right to privacy
  • Right to Privacy is intrinsic to Right to Life granted under Article 21: SC
  • SC has not ruled on validity of sharing information under Aadhaar
  • AADHAR is the world’s largest bio-metric database of population in any country
  • 5-judge bench to test validity of Aadhaar from aspect of privacy as Fundamental Right
  • Aadhaar critics argue that biometric data could be misused by govt agencies
  • Intimate personal details could land in hands of undesirable elements: Petitioners
  • Legal validity of Section 377 came up again before Apex court

Supreme Court rules Right to Privacy is a Fundamental Right

The contentious issue of privacy had emerged when apex court was dealing with a batch of petitions challenging the government’s move to make biometric-based Aadhaar mandatory for availing the benefits of various social welfare schemes.

  • Chief Justice JS Khehar-headed Constitution bench had reserved its verdict on August 2
  • Chief Justice headed bench heard marathon arguments for 6 days over three weeks
  • On Aug 2, bench voiced concern over misuse of personal information in public domain
  • Protection of concept of privacy in all-pervading technological era was a “losing battle”
  • Bench had on July 19 observed that right to privacy cannot be an absolute right and the state may have some power to put reasonable restrictions.
  • On August 2, bench had voiced concern over possible misuse of personal information in public domain
  • Protection of concept of privacy in all-pervading technological era was a “losing battle”

Supreme Court rules Right to Privacy is a Fundamental Right

ORDER OF THE COURT

The nine-judge Constitution bench of the Supreme Court ruled that the Right To Privacy is an intrinsic part of the right to life and personal liberty that is protected under Article 21 and Part III of the Constitution.

  • Nine judges of SC deliver a historic and unanimous verdict
  • SC holds that privacy is a fundamental right
  • Judgement of nine justices is more than 500 pages long

India SC Right to Privacy

  • Judgement offers a broad survey of topics:
  1. Origins of the concept of privacy
  2. Evolution of the privacy doctrine in India
  3. Comparative laws on privacy in other countries
  4. Criticisms of the privacy doctrine

India SC Right to Privacy

  • The judgement was signed by all the nine judges and unanimously
  • The judgement has held that privacy to be a fundamental right

India SC Right to Privacy

  • The judgment on behalf of the Hon’ble Chief Justice Shri Justice Jagdish Singh Khehar, Shri Justice R K Agrawal, Shri Justice S Abdul Nazeer and Dr Justice D Y Chandrachud was delivered by Dr Justice D Y Chandrachud.
  • Shri Justice J Chelameswar, Shri Justice S A Bobde, Shri Justice Abhay Manohar Sapre, Shri Justice Rohinton Fali Nariman and Shri Justice Sanjay Kishan Kaul delivered separate judgments.

India SC Right to Privacy

The reference was disposed of in the following terms:

  1. Decision in M P Sharma which holds that right to privacy is not protected by Constitution stands over-ruled;
  2. Decision in Kharak Singh to the extent that it holds that right to privacy is not protected by Constitution stands over-ruled;
  3. Right to privacy is protected as an intrinsic part of right to life and personal liberty under Article 21 and as a part of the freedoms guaranteed by Part III of the Constitution.
  4. Decisions subsequent to Kharak Singh which have enunciated the position in (iii) above lay down the correct position in law.

You Might Also Like

Leave a Reply

Your email address will not be published. Required fields are marked *

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <s> <strike> <strong>