Centre welcomes Supreme Court's judgement on privacy

25 August, 2017, 01:22 | Author: Ora Austin
  • Supreme Court

Today's Supreme Court verdict state that Right to privacy also includes the protection of sexual orientation lies at the core of the fundamental rights guaranteed by the article 14, 15 and 21 of the Constitution. A Supreme Court judgement making right to privacy a fundamental right is both critical and revolutionary in the line.

"Every facet can't be ipso facto considered a fundamental right", Venugopal told the bench, which also comprised Justices J Chelameswar, S A Bobde, R K Agrawal, Rohinton Fali Nariman, Abhay Manohar Sapre, D Y Chandrachud, Sanjay Kishan Kaul and S Abdul Nazeer.

After the Supreme Court's 9 judge bench's verdict, the hearing of Aadhaar scheme case will continue with the five judge bench, which was hearing the case.

"This is all the more so when a particular fundamental right like privacy of the individual is an inalienable right which inheres in the individual because he is a human being". Referring to as many as 300 judgments from India and overseas, Justice Chandrachud demolished the Centre's argument that privacy was a common law right that was a subspecies of many rights, and hence, incapable of being termed as a standalone homogeneous fundamental right.

Expressing hope that the citizens of India would now be protected from any kind of snooping, senior advocate Indira Jaising said, "It is a day to celebrate".

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The government today welcomed the Supreme Court judgement declaring the right to privacy a fundamental right.

It was in this background that the nine-judge Constitution bench heard the matter to examine the correctness or otherwise of the 1954 and 1962 judgments and the nature of the right to privacy - whether it is fundamental or not. "They made it clear that the government has to protect privacy". "Liberty is fundamental to democracy and citizens can not exist without privacy".

"The first part of the decision in Kharak Singh which invalidated domiciliary visits at night on the ground that they violated ordered liberty is an implicit recognition of the right to privacy".

"This is a blow to the government because their argument was that privacy is not a fundamental right", he added. "But when the new government took over we brought the Aadhaar legislation we also put special provision in regards to privacy", he said. If it is a Fundamental Right under Article 21, which is subject to restriction that it can be restricted by a procedure established by law, that procedure established by law obviously has to be fair, just and reasonable procedure.

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