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Supreme Court’s Stand on Right to Privacy

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September 04, 2017

What are the highlights of Right to privacy judgment?

  • At least two generations of Indians grew up assuming that a fundamental right to privacy existed.
  • The government took an extreme stand that no fundamental right to privacy existed and that the later judgments were wrongly decided.
  • When the administration tried to compulsorily impose Aadhaar on every sphere of human activity.
  • The nine-judge Bench has unanimously held that the right to privacy is a fundamental right and clarified years of somewhat uncertain case law on the subject.

What are the emphasis of Right to Privacy according to SC?

  • The right to privacy includes, among other things, freedom from intrusion into one’s home, the right to choice of food and dress of one’s choice, and the freedom to associate with the people one wants to.
  • The right to privacy is born with the human being and stays until death.
  • Privacy is integral to the several fundamental rights recognised by the Constitution.
  • The right to privacy is available to the rich and the poor alike.
  • These are the rights that the citizens of India may enjoy despite the governments that they may elect.
  • In case of breach, the state must satisfy the tests applicable to whichever one or more of the fundamental rights is/are affected by the intervention.
  • The unity and integrity of the nation can only be ensured when the dignity of every citizen is guaranteed through privacy.
  • Digital footprints and extensive data are valuable information, the use of such data to exercise control over the people is like the ‘big brother’ state exercised.

 

Source: The Hindu

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