Right to Privacy as a Fundamental Right as per the article 21(3) is an important one for all especially upsc aspirants. Significance & provisions of verdict is analysed in this article.A nine-judge Supreme Court Constitutional bench declared Right to Privacy is a Fundamental Right which invalidated the verdicts of MP sharma case (1954) and Kharak singh case (1962).
Context of Privacy verdict.
Increased number of petitions challenging aadhar scheme & Petitioners included Former Karnataka HC judge KS Puttaswamy (now 91) and activists Bezwada Wilson, Aruna Roy and Nikhil Dey. This made to reconsider the issue & violations of Privacy.
Evolution of PRIVACY as FUNDAMENTAL RIGHT
March , 1954 -Right to privacy is not fundamental right.
December, 1962 -Right to privacy is not guaranteed under constitution.
August , 2017 -Right to privacy is a fundamental right.
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Union’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.
- The right to privacy cannot be invoked to scrap the Aadhaar scheme.
Significance of Privacy as a fundamental right
- Reviving constitutional principles.
- Individual protection against technological misuse.
- New face to article 21
- Guidelines to government
- Increased number of petitions challenging aadhar scheme
- court expressed concerns about publishing in public domain..etc
Provisions for Privacy as a Fundamental Right
- Constitutional protection.
- Including sexual affirmation as part of privacy.
- Right to choose what to eat & read are part of privacy.
- Personal autonomy over personal datas like biometric.
- Restrictions & limitation to absolute right of privacy.
- Section 377 of IPC is now questionable.
- DNA Profiling Bill may violate the right to privacy.