Updated on 23 April, 2019
- Centre’s move to make Aadhar card mandatory for availing government schemes. It was contended that it would breach privacy of individual.
Before this Judgement:
- In K.S.Puttaswamy v. Union of India, Supreme Court held that right to privacy is protected under Article 21 of the Constitution of India.
What is Right to Privacy
- In M.P Sharma vs Satish Chandra (1954) and Kharak Singh vs State of Uttar Pradesh (1962) Supreme Court held that privacy is not a fundamental right which after this judgement stands overruled.
Arguments for Right to Privacy
- Right to Privacy refers to respecting and ensuring the privacy of the individual. In fact, it restrains government and also private actions that threaten the privacy of individuals.
- This will ensure the dignity of the individual as mentioned in our Preamble.
- It will impose restrictions on the government when it tries encroach our privacy.
- It will also give impetus to the Right to personal liberty, under Article 21 of the Constitution
Implication of the Judgement
- It can hinder the implementation and performance of welfare schemes -like Aadhar and Direct Benefits Transfer-which requires personal data of citizens.
- Right to Privacy will also restrict police and intelligence agencies to collect private information about accused, dead persons etc. as mentioned in DNA Profiling bill.
- The judgment reconciles Indian laws with the spirit of Article 12 of the Universal Declaration of Human Rights (1948).
- Section 377 of the Indian Penal Code has been repealed after this judgement.
- Aadhaar would also have restrictions and limitations that privacy would be subject to.
- Data Privacy and Protection Bill 2017 has been introduced in Lok Sabha.
- No law has been passed till now and the term “privacy” has also not been defined.
- Huge multinationals are taking data about millions of Indians abroad.
- Privacy consciousness is low in India as compared to western countries.
- Indian institutions like joint family, temple festivals, marriage celebrations and community life do not encourage privacy.
Read Also: Right to Privacy
- Should Right to Privacy be made the Fundamental Right under our constitution? Do you think there is a threat to privacy in India and to what extent can a law mitigate them? (250 words)