JOIN USRight to privacy is fundamental right: apex court
In a progressive decision with far-reaching consequences, the Supreme Court on Thursday ruled that the right to privacy is a fundamental right.
It held privacy as a core of human dignity, which recognises an individual’s right to make essential choices of life without any intrusion from state or non-state agencies.
A nine-judge bench presided over by Chief Justice J S Khehar declared, “The right to privacy is protected as an intrinsic part of the right to life and personal liberty under Article 21 and as a part of the freedoms guaranteed by Part III of the Constitution.”
The court explained that privacy is a constitutionally protected right which emerges primarily from the guarantee of life and personal liberty, which are not creations of the Constitution.
“These rights are recognised by the Constitution as inhering in each individual as an intrinsic and inseparable part of the human element,” it said.
The nine-judge bench passed a unanimous verdict, which is described as historic in terms of the evolution of constitutional freedoms enjoyed by individuals.
The court elevated privacy as part of the basic structure of the Constitution, giving it inviolable status.
The judgement came on a reference made by a five-judge bench on July 18. The court said the interpretation of the Constitution must be resilient and flexible as technological change has given rise to concerns which were not present seven decades ago.
However, like other freedoms, including the right to life and personal liberty, privacy would not be an absolute right.
Landmark judgement
* Verdict limited to issue of right to privacy
* Question whether Aadhaar violates this right will be dealt with by a five-judge bench
* The bench has been hearing petitions since 2015
PILs against
* Move to make Aadhaar mandatory for availing benefits of social welfare schemes
"When a citizen gives his biometrics and personal details and when in turn it is used by commercial organisations, it's a breach of privacy" -- Petitioners
Centre's stand
* Privacy is a "vague and amorphous" right which cannot be granted primacy to deprive poor people of their right to life, food and shelter
Response
"The judgement heralds a new era for individual rights, personal liberty and human dignity" -- Sonia Gandhi, Congress president
"This failure of the government reflects its narrow-mindedness on issues relating to individual freedom" -- Kapil Sibal, Congress leader and senior advocate who appeared for non-BJP ruled states
"The Supreme Court decision marks a major blow to fascist forces," Rahul Gandhi, Congress vice president
"The judgement is a landmark verdict and will rank among the most important judgements delivered since the advent of the Constitution," P Chidambaram, senior Congress leader
"People thank the Honourable Judges. These are moments that make India," - Kamal Haasan, actor
"This landmark judgement should pave the way to protect, in this world of technology advance dominated by corporates, misuse of private data," CPM Politburo
Privacy issue went to Supreme Court because previous UPA government brought Aadhaar without legal framework: Arun Jaitley, Finance Minister.