Wednesday, July 15, 2020
Home India Landmark Judgement: Right to Privacy Becomes Fundamental Right of India, Rules Supreme...

Landmark Judgement: Right to Privacy Becomes Fundamental Right of India, Rules Supreme Court

Supreme Court today ruled, the right to privacy "is protected as an intrinsic part of Article 21 that protects life and liberty."

  • Right to privacy was made a fundamental right for citizens of India
  • The decision came out unanimously by the bench of 9 judges including Chief Justice JS Khehar
  • Lawyer Prashant Bhushan noted ‘all fundamental rights come with reasonable restrictions’

New Delhi, August 24, 2017: In another landmark verdict by the Supreme Court, Right to privacy was made a fundamental right for citizens of India. Supreme Court today ruled: The right to privacy “is protected as an intrinsic part of Article 21 that protects life and liberty.”

A crowd of petitioners previously challenged the government’s Aadhaar biometric project, which has taped the iris scans and fingerprints of more than half a population.

Lawyer Prashant Bhushan noted ‘all fundamental rights come with reasonable restrictions.’ He further cautioned by saying that ‘whether Aadhaar can be seen as a reasonable restriction has yet to be decided’.

The decision came out unanimously by the bench of 9 judges including Chief Justice JS Khehar. Right to privacy is a fundamental right of every citizen, the judges said, overruling two previous Supreme Court judgments.

It is a watershed moment, remarked Sajan Poovayya, a petitioner in the case. “Whatever the state decides will be checked and tested on that basis. The powers of the state are curtailed to some extent,” he told NDTV.
Background: Government vs. Petitioners 
The government argued in the past that ‘right to privacy’ is not explicitly embodied in the Constitution as the founding fathers expelled the idea of inclusion of privacy as a fundamental liberty.
However, petitioners contended that in technologically dynamic society,  the identification of privacy as a fundamental freedom is an essential step against interference into personal space by the government and private players.

Adhar was criticised as a design which infringes privacy. India lacking the law on privacy aggravated the problem in the past.

Contentious argument: Why protect Adhaar? 

India is swiftly emerging as a digital market. Being a nation of billion mobile users, it needs laws on privacy and data protection as well.

Chances of fraudulence,  misrepresentation, ID theft are increasingly becoming the real concerns.

With the growing number of transactions done over the internet, information shared on such digital platforms become imperiled to misuse and theft.

Right to privacy bearing on Section 377

In 2013, the apex Court had supported Section 377 of the IPC, an iron fisted law that criminalizes the intimate relations “against the law of nature.” Today, the court’s decree on Right to Privacy also brought the protection of physical intimacies.

Explaining the concept of privacy, Justice DY Chandrachud, who was part of the nine-judge bench that pronounced the verdict, said in his judgment: “Privacy includes at its core the preservation of personal intimacies, the sanctity of family life, marriage, procreation, the home and sexual orientation… Privacy also connotes a right to be left alone.”


NewsGram is a Chicago-based non-profit media organization. We depend upon support from our readers to maintain our objective reporting. Show your support by Donating to NewsGram. Donations to NewsGram are tax-exempt. 

 

STAY CONNECTED

18,985FansLike
362FollowersFollow
1,785FollowersFollow

Most Popular

44.6% Indian Students Prefer ‘School from Home’: Survey

With the coronavirus pandemic striking hard and spreading rapidly in India, nearly 44.6 per cent students in the country said they will prefer a...

New Google Play Pass Feature to Connect User to Apps, Games Without Ads

Google has introduced new features in its Play Pass which connects users to hundreds of apps and games without ads and in-app purchases. Over the...

Black Alkaline Water May Help You Fight Virus

By Puja Gupta We are in the midst of a global pandemic that caused great distress among people about their health and well-being. Although social...

About 80% Home-Based Beedi Workers Live in Rural Areas: Study

By Puja Gupta While about 96 per cent (42,76,124) of the total beedi workers (44,60,076) are home-based, only four per cent (1,83,952) work in factories,...

The Impacts To Online Marketing After COVID

The covid-19 pandemic has had a huge impact on the majority of our lives so far in 2020. But as the world of retail...

Only 3% Indians Realize the Importance of Adequate Protein Diet

Although 95 percent of Indian mothers claim to know protein as a macro-nutrient, only three percent of the population really understands the prominent functions...

Here’s Why Pregnant Women Should be Beware of UTIs

Although the monsoon brings respite from summer's scorching heat, it also invites a plethora of allergies and infections. Pregnant women should be cautious because...

International Mandela Day: Following Madiba’s Footsteps

While the mention of South Africa immediately brings alive the imagery of safaris, glamping, bungee jumping, diverse food, and warm people, its rich and...

Recent Comments