Privacy as a Fundamental Right
Justice K.S. Puttaswamy (Retd.) v. Union of India (2017), is indeed a landmark judgment by the Supreme Court of India. The case is commonly referred to as the “Right to Privacy” case. The judgment, delivered on August 24, 2017, recognized the right to privacy as a fundamental right under the Indian Constitution.
Background of the Case:
The case was a compilation of several petitions challenging the Aadhaar scheme, which involved the collection of biometric and demographic data from residents for the purpose of providing a unique identification number.
Recognition of Privacy as a Fundamental Right:
The Supreme Court of India, in a unanimous decision, held that the right to privacy is a fundamental right protected under Article 21 (Right to Life and Personal Liberty) of the Indian Constitution. The court acknowledged that the right to privacy is an intrinsic part of the right to life and personal liberty.
Scope of Privacy:
The judgment emphasized that the right to privacy includes the right to autonomy over personal decisions, protection of personal information, control over one’s body, and the ability to communicate privately.
Overruling of Previous Decisions:
The court explicitly overruled two previous judgments that had held that the right to privacy is not a fundamental right. These were M.P. Sharma v. Satish Chandra (1954) and Kharak Singh v. State of Uttar Pradesh (1962).
Balancing Tests:
While recognizing the right to privacy, the court acknowledged that the right is not absolute and can be subject to reasonable restrictions in the interest of national security, prevention of crime, protection of public order, and other legitimate concerns.
Aadhaar and Privacy:
The court, while recognizing the importance of the Aadhaar scheme, asserted that the government must ensure that the data collected does not violate the right to privacy. It emphasized the need for a robust data protection regime.
Conclusion:
This judgment has had far-reaching implications on various aspects of law, including data protection, surveillance, and the use of technology. It laid the foundation for subsequent discussions and legal developments related to privacy and data protection in India.