Right to privacy – a fundamental right

Posted by priya saini
September 15, 2017

Self-Published

What does this verdict mean for the ordinary indian ?

The Right to Privacy is an element of various legal transactions to restrain govt. and private actions that threaten the privacy of individuals. Since the global surveillance disclosures of 2013, the inalienable human right to privacy has been a subject of international debate.

We all know that in 2015 thr supreme court made aadhar voluntary and removed the mandate to provide an aadhar card for benefits . The apex court expand it and makes it own decision of using aadhar in PDS and LPG also .

The decision was taken on 24 august by supreme court that Right to Privacy is a fundamental right under the constitution of India. The bench of nine judges said that Right to Privacy shall be a part of article 21 according to which Right to life and liberty .

The apex court realised that if we make aadhar mandatory then it will lead to violation of supreme court order which states that aadhar voluntary passed on 23rd september 2013 .

I totally agress with the words that former attorney general mukul rohtagi, said on behalf of the centre. He said that a seperate bench should here the issues relating to Right to Privacy and constitutionality of the UID programme and hence a larger bench will hear the particulars contentions .I agree with this statement because if a seperate bench will decide or take a correct decision regarding the issue after hearing both the parties then only one can make a meaningful decision and resolve it by its correct point of views and solutions.

Rohtagi also submitted that the Right to Privacy was not stated in constitution as fundamental right and suggested the court that this matter should solved by nine judge bench. Centre was on still previous judgements which sayd that Right to Privacy was not a fundamental right and no judgement can be changed now.

Later on 11 august 2015 , bench has order three important orders .The supreme court made aadhar voluntary and removed the mandate to provide aadhar for availing benefits. Supreme court did not agree to link aadhar with digital india such as banking . The chief justice then takes the decision to approach other bench to look into the matter . According to me instead of looking for other benches , they themselves should take a decision on this because the more they will approach other benches the more conflict will be made.

I believe this should be done that the bench of five judges permitted the govt. to use aadhar for MGNREGS , prime minister ‘s Jhan Dhan Yojana and EPFO. It would get refrain from entering the issue of Right to Privacy . The argument started on 19 july regarding Right to Privacy and continued for six days . On august 2 , the supreme court then reserved the order on the issue of Right to Privacy .

 

 

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