Right to Privacy: A Fundamental Right Under Indian Constitution
The landmark judgment in Justice K.S. Puttaswamy (Retd.) & Anr. v. Union of India & Ors. redefined the constitutional landscape in India by establishing privacy as a fundamental right under Article 21 of the Indian Constitution. This decision was rendered by a nine-judge bench of the Supreme Court on August 24, 2017, overturning previous precedents that failed to recognize privacy as a constitutionally protected value.
The case stemmed from a challenge to the Aadhaar scheme, which mandated biometric and demographic data collection. The petitioners, led by Justice K.S. Puttaswamy, argued that the collection of personal data without proper safeguards infringed upon the fundamental right to privacy. The Union of India, on the other hand, contended that the Constitution did not explicitly grant privacy as a fundamental right and that it should be subject to reasonable restrictions.
Petitioners’ Arguments
The petitioners, represented by senior advocates including Gopal Subramanium, Kapil Sibal, and Shyam Divan, advanced the following key arguments:
- Privacy as an Inalienable Right: They contended that privacy is an intrinsic part of human dignity and liberty, and thus should be protected under Articles 14, 19, and 21 of the Constitution.
- Overruling of M.P. Sharma and Kharak Singh: They argued that the earlier decisions in M.P. Sharma v. Satish Chandra and Kharak Singh v. State of Uttar Pradesh were based on outdated principles and should be reconsidered.
- International Commitments: India, as a signatory to international treaties such as the Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR), was bound to protect privacy.
- Impact of Technological Advances: The petitioners highlighted that in an age of digitalization, personal data was highly susceptible to misuse, necessitating constitutional protection.
Respondents’ Arguments
The Union of India, represented by Attorney General K.K. Venugopal and Additional Solicitor General Tushar Mehta, put forth the following counterarguments:
- No Explicit Recognition in the Constitution: They contended that privacy was never explicitly recognized as a fundamental right and that any such right must be expressly conferred by the legislature.
- State’s Right to Collect Data: The Aadhaar scheme was justified on the grounds that it served a legitimate state interest, including preventing identity fraud and ensuring welfare benefits reach intended beneficiaries.
- Privacy as an Amorphous Concept: The government maintained that privacy was too vague a concept to be protected under the Constitution and should be determined on a case-by-case basis.
Judgment and Key Observations
The Supreme Court, in a unanimous verdict, ruled that privacy is a fundamental right, with each judge offering different perspectives on its contours. The key observations were:
- Justice Chandrachud (Lead Judgment): He emphasized that privacy is not an elitist construct but a core value essential to human dignity. He overruled M.P. Sharma and Kharak Singh, stating that they failed to recognize privacy as a fundamental right.
- Justice Chelameswar: He stated that privacy is integral to individual autonomy and liberty and cannot be subjected to unchecked state interference.
- Justice Bobde: He highlighted that privacy extends to bodily autonomy, personal choices, and informational privacy.
- Justice Nariman: He linked privacy to freedoms enshrined in Article 19 and emphasized its importance in preventing surveillance and data breaches.
Impact of the Judgment
The ruling had far-reaching implications, influencing subsequent cases such as:
- Aadhaar Judgment (2018): While Aadhaar was upheld, strict safeguards were mandated to prevent data misuse.
- Decriminalization of Section 377 (2018): The Court recognized the right of LGBTQ+ individuals to privacy and dignity.
- Right to be Forgotten: The ruling paved the way for discussions on the right to control personal data in the digital age.
Conclusion
The Puttaswamy judgment reaffirmed that privacy is essential to individual liberty, autonomy, and dignity. By recognizing it as a fundamental right, the Supreme Court ensured that personal freedoms remain protected against arbitrary state intrusion. This decision not only reshaped India’s constitutional jurisprudence but also set a precedent for future legal battles concerning digital privacy, data protection, and human rights.
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Download Judgment: Justice K.S. Puttasw vs Union of India and O Supreme Court of India Judgment Dated 24-08-2017.pdf
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