Privacy Is A Fundamental Right Under The Indian Constitution: Supreme Court

The Logical Indian Crew

August 24th, 2017 / 11:33 AM

Image Credit: satyavijay

This day will be remembered as a watershed moment for Indian democracy. Today, a bench of 9 judges of the Supreme Court unanimously held that privacy is a fundamental right under the Indian Constitution.

The judges who heard the case were:


These Supreme Court judges heard the Right to Privacy arguments | Credit: SFLC

The apex court overruled its two earlier judgements (M P Sharma verdict of 1950 and that of Kharak Singh of 1960) that right to privacy is not protected under the Constitution. The SC observed that Right to Privacy is intrinsic under Article 21 of the Constitution and other freedoms guaranteed by Part III. It will come under right to life and liberty, ruled Supreme Court.

The verdict is crucial for Indian democracy – not only because privacy had become a primary debate in the digital age but also because of the intrinsic links between privacy and the government’s push to increase the mandate of Aadhaar and UIDAI.

The government had earlier said that Indian citizens do not have an absolute right over their body.

“The concept of absolute right over one’s body was a myth and there were various laws which put restrictions on such a right,” Attorney General Mukul Rohtagi had said.

The government had earlier taken highly controversial measures to force Aadhaar upon the people of India. Pan card, mobile connections, bank accounts, cash benefits of Tuberculosis, welfare benefits for farmers, access to various welfare schemes of the government, driving licences, provident funds, railway subsidies, income tax, among others, were all linked to Aadhaar.

Now, the validity of sharing information for Aadhaar card will be decided by a 5-judge bench.  


Contributors

Written by :

Edited by :

Share your thoughts..

Related Stories

Braille Script Constitution

Constitution Day: For The First Time, Indian Constitution Made Available In Braille

Public Has Right To Know; Supreme Court To Live Stream Court Proceedings

Pothole-Free Roads And Good Footpaths Are A Fundamental Right Of Citizens: Bombay HC

Right To Privacy, Triple Talaq & Karnan: CJI Khehar’s Short Tenure Saw Many Landmark Judgements

SC’s Right To Privacy Verdict Might Pave The Way For Amending Section 377

Right To Privacy

The Young Lawyers Behind India’s Right To Privacy Fight

Latest on The Logical Indian

Fact Check

Fact Check: From Pakistan’s Flag Waved In Rajasthan To Rahul Gandhi’s U-Turn On Loan Waiver

Awareness

Central Govt Spent Rs 5,245 Cr On Ads Since 2014 Says Union Minister Rajyavardhan Rathore

Exclusive

#SevaSeShadi: This Couple Invited 150 Underprivileged Kids To Their Wedding

Awareness

UP District To Start Cow Census To Prevent Slaughter; Will Register NSA Against Culprits

Awareness

Tickets To Visit Taj Mahal Hiked Five Times To Limit Visitors

News

From Garbage Dump To “India’s Largest Floating Island,” This Bengaluru Lake Is In Limca Book of Records

x

Stories that deserve attention, delivered to your inbox!

Handpicked, newsworthy stories which deserve the attention of a rational generation.