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ARTICLE · 31 AUGUST 2017

Right To Privacy – A "Fundamental Right" Now

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The Government of India's Aadhar Card scheme (a digital recognition initiative) stirred up a hornets' nest when allegations regarding violation of privacy were raised against the said scheme.

IndiaPrivacy
Rajat Jariwal
Rajat Jariwal
Harsh Walia
Harsh Walia
Supratim Chakraborty
Supratim Chakraborty
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Introduction

The Government of India's Aadhar Card scheme (a digital recognition initiative) stirred up a hornets' nest when allegations regarding violation of privacy were raised against the said scheme. Subsequently, a 9 (nine) judge bench of the Hon'ble Supreme Court (SC) was constituted to consider whether privacy is a fundamental right. The bench delivered a unanimous verdict on 24 August 2017, in Justice K S Puttaswamy (Retd) v Union of India & Ors [Writ Petition (Civil) No 494 of 2012], holding that the right to privacy is protected as an intrinsic part of the right to life and personal liberty under Article 21, as a fundamental right guaranteed by the Constitution of India (Constitution). It is an inalienable, inherent and natural right that is indispensable to a dignified life and hence, is read into the right to life as provided under Article 21 of the Constitution.

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