Supreme Court declares right to privacy as fundamental right


New Delhi, Aug 24 (PTI): In a landmark decision that will affect the lives of all Indians, the Supreme Court today unanimously declared that right to privacy was a Fundamental right under the Constitution.

A nine-judge Constitution bench headed by Chief Justice J S Khehar ruled that "right to privacy is an intrinsic part of Right to Life and Personal Liberty under Article 21 and entire Part III of the Constitution".

The ruling on the highly contentious issue was to deal with a batch of petitions challenging the Centre's move to make Aadhaar mandatory for availing the benefits of various social welfare schemes.

Others members of the bench comprising Justices J Chelameswar, S A Bobde, R K Agrawal, R F Nariman, A M Sapre, D Y Chandrachud, S K Kaul and S Abdul Nazeer also shared the same view.

The nine judges unanimously overruled the two earlier judgements of the apex court that right to privacy is not protected under the Constitution.

The bench overruled the M P Sharma verdict of 1950 and that of Kharak Singh of 1960.

The judgement in the Kharak Singh case was pronounced by eight judges and in M P Sharma it was delivered by six judges.

Justice Khehar, who read the operative portion of the judgement, said the subsequent verdicts pronounced after M P Sharma and Kharak Singh have laid down the correct position of the law.

Before pronouncing the judgement, the CJI said that among the nine judges some of them have authored different orders.

  

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Comment on this article

  • Richard Moras, Bejai,Mangalore

    Thu, Aug 24 2017

    We remember the draconian emergency imposed on citizens of India by Indira Gandhi in 1975.Every fundamental right was taken away and country was converted into jail which reminds of fascist rule in our country.It is indelible stigma on democracy of the country.

    DisAgree [1] Agree [2] Reply Report Abuse

  • William Pais, Mangalore

    Thu, Aug 24 2017

    Whenever this country was in real danger of subverting the fundamental rights, it was the judiciary that came to the rescue of citizen. The government of the day tried to install fear in the minds of people trespassing on what was personal and private. using Aadhar card and mobile together the government had upper hand in what their citizens do. Government is for governance and not for being the task master. Kudos Supreme Court.

    DisAgree Agree [3] Reply Report Abuse

  • RUDOLPH, MANGALORE/MUSCAT

    Thu, Aug 24 2017

    WHEN WE CAN EXPECT SC RULING ON RIGHT TO CHOOSE FOOD.

    DisAgree [3] Agree [14] Reply Report Abuse

  • ibrahim, ksa/yanbu

    Thu, Aug 24 2017

    First success for RSS against islaam (Talaq ban)
    Now a jolt to BJP

    DisAgree [2] Agree [6] Reply Report Abuse

  • jeevan, mangalore

    Thu, Aug 24 2017

    SC ruling big relif for Pappu and now we cant question his frequent foreign trip as it voilate pappu' s right of privacy.

    DisAgree [23] Agree [9] Reply Report Abuse

  • David Pais, Mangalore

    Thu, Aug 24 2017

    l.k., advani said v have emerency like situation in da country. i cannot speak outside against chaiwala, bhakts file f.i.r 2 arrest w/o reasons.

    DisAgree [5] Agree [18] Reply Report Abuse

  • Pinto, BLR

    Thu, Aug 24 2017

    Sensible judgement when compared to best practices, safeguards and legal protection against "personal privacy" given in developed countries.

    You can't expect your personal data hacked/sold to street dogs like few recent telecom data leaks of subscribers data in India. These companies and those procure and process data needs to be prosecuted for data breach with heavy penalties like in developed countries.

    At last good beginning to move ahead.

    DisAgree [2] Agree [18] Reply Report Abuse

  • Joe Britto, Nakre/Mangalore

    Thu, Aug 24 2017

    Supreme court is SUPREME

    DisAgree Agree [14] Reply Report Abuse

  • Stan, Udupi/Dubai

    Thu, Aug 24 2017

    At least courts in India are giving right judgement s.These politicians want to peep even bedrooms of individuals.

    DisAgree [3] Agree [19] Reply Report Abuse

  • jeevan, mangalore

    Thu, Aug 24 2017

    I welcome SC judgement.
    Indira gandhi imposed EMERGENCY in 1975 and snatchef citizen rights and in future khangi cant impose emergency to save dynasty rule.

    DisAgree [35] Agree [13] Reply Report Abuse

  • Lamert, Mangalore

    Thu, Aug 24 2017

    I welcome SC judgement. It is a slap on face of both BJP and Congress who want to snoop on citizens. Both made Aaadhar their baby and now son to snoop. Modi had big plans hidden in closet that he will try to use to bring in some legislation. Politicians are really crooked they do make laws so that buisnesshouses are protected from not sharing their donations. Jetli wants fuel prices for Industry to be given privileges at expense of citizens.. RTI activists are now in a fix as laws are getting diluted in favor of corrupt to escape. Wa bai Modi ji govt.

    DisAgree [2] Agree [16] Reply Report Abuse

  • G.Bhandary, Kaikamba/ Matti/Muscat

    Thu, Aug 24 2017

    Dear Jeevan,

    Are we not experiencing similar situation under NDA Rule?
    Is any senior BJP leaders have voice against foolish decision of our Great PM and BJP President?
    Who opposed all bills brought by UPA like adhar, GST, FDI, Land acquisition etc..
    Today same BJP NDA implementing. This country does not have one Defense Minister why?
    Out of 300+ MP we are not able to pick some one. I am not supporter of any party but this country needs proper administration current government is like one way traffic. ( dictatorship )
    Our PM given lot of hopes while took over and we expected good governance unfortunately it's not happening. I wish he deliver what he preach.

    DisAgree [3] Agree [15] Reply Report Abuse

  • PAM Suvarna, karla

    Thu, Aug 24 2017

    Does it affect national security as well?

    DisAgree [4] Agree [4] Reply Report Abuse

  • Antonio DSilva, Kuwait

    Thu, Aug 24 2017

    PAM Suvarna, karla

    No PAM Aadhar has no relevance on National Security.

    National Security is directly dependent on the ability of our armed forces to thwart any aggressions on by our friend and enemy countries bordering India.

    DisAgree Agree [1] Reply Report Abuse

  • Santhosh Kanchan, Mangaluru

    Thu, Aug 24 2017

    A tight slap on Central govt's face which is trying to invade into the private lives of citizens in various means. I really can't fathom what's going in the minds of our PM and his council of ministers. They seem to have conveniently forgotten that we are a Democratic country ruled by the Constitution which is the supreme and the highest authority. With each move they are strying to derail Democracy and ascertain an authoritarina regime. That's why this was a brave challenge by the applicant in SC questioning Centre's moves and intentions. Right to privacy was and is the fundamental right and no one, not even the govt can invade it by any legalization!

    DisAgree [8] Agree [19] Reply Report Abuse

  • Ramesh S, MANGALORE

    Thu, Aug 24 2017

    ..you should know that its not ruling on AADHAR..its with different SC bench....as far as privacy in concerned, its only on books & laws..every mobile phone now a days ask you email registration, every APPS wants your email which can be hacked easily, APPLE/SAMSUNG etc started finger print locking system..Banks before sanctioning loan gets your KYC & complete jathaka, then what is is privacy!!..privacy if fundamental right with conditions..

    DisAgree [13] Agree [5] Reply Report Abuse

  • sri_elder, Karkala

    Thu, Aug 24 2017

    Aadhaar was implemented by then upa government
    And privacy of 1 billion people is at stake now...
    If you implement this order correctly please shut down aadhaaar and permanently destroy aadhaar databases..

    DisAgree [21] Agree [6] Reply Report Abuse

  • Satya, Mangalore

    Thu, Aug 24 2017

    Just to remind you, when Aadhar was implemented by the previous government, the purpose was to ensure that the grants, subsidies and aid meant for the poor went directly to the poor and the marginalized for whom such aid was intended for, and not stolen by corrupt officials and middlemen. At that time your BJP vehemently opposed it. Now the same party once in power, is trying to force it down the throats of people. That is the difference.

    DisAgree [5] Agree [27] Reply Report Abuse

  • jeevan, mangalore

    Thu, Aug 24 2017

    Now.in theft case police cant proceed in enquiry as it voilate the robber motive and privacy ???

    DisAgree [18] Agree [7] Reply Report Abuse

  • Shankar, Mangalore

    Thu, Aug 24 2017

    I can read and understand the verdict pointed as below. Please refute and rebut if think otherwise.

    *Now onwards no one has any right to check my fridge and lynch me for storing beef. My food is my private affair.
    *No one can find it wrong if I chose to wear Burkha. My body is my private property.
    *I should not be held guilty if I do not declare my income. How much I earn is my private affair
    *No one can raid my house and arrest me if I am having consensual sex with some unrelated woman. What happens inside my bedroom falls under right to Life and Personal Liberty .

    DisAgree [9] Agree [30] Reply Report Abuse

  • Abdul Narayan D'Souza, Udupi

    Thu, Aug 24 2017

    Shankaranna, I am not a lawyer. But let me try to explain on each of your point:

    1. I presume that your fridge is inside your house. So, if anyone enters your property without your consent, it is considered as 'trespassing'. Even an officer of the Government cannot enter your house without your consent unless they have a legally appropriate warrant. Even if you store beef in your fridge which is extracted by someone through trespassing, such an evidence will be tainted by illegality and hence not a valid evidence;

    2. You can wear a burkha; or you can wear a bikini if you choose to. As long as you are not naked or creating a public nuisance with your attire, you are fine in the eyes of the law. But please be careful in and around school zones if you choose to show off too much of your body (for obvious reasons);

    3. Your income tax return is a private matter of yours. That does not mean that Government cannot investigate your income for the purposes of adhering compliance with the Income Tax Act. Privacy in this context means that your tax return cannot simply be divulged to anyone else. The IT department needs to have a documented procedures as to how the privacy of citizens are protected. It does not mean that you could under-state your income and get away paying lower taxes;

    4. You can have sex with any unrelated women (even a man) in the confines of your bedroom. As long as it is consensual and no minor is involved you are in the clear.

    But please remember that it is one thing for SC to deliver a verdict in Delhi; and a totally different thing for the local police SIs and constables to digest the fact that they cannot just walk into someones house or business premises to make 'inquiries'. It certainly will take few years before the police personnel are fully trained to respect the privacy of citizens in the manner in which the judgement has been delivered.

    DisAgree Agree [17] Reply Report Abuse

  • Chetan, Udupi

    Thu, Aug 24 2017

    Great ruling. A tight slap on the face of Govt. which is attempting to sneak into citizens' privacy.

    DisAgree [8] Agree [44] Reply Report Abuse

  • Jossey Saldanha, Mumbai

    Thu, Aug 24 2017

    Government has no right to open & check my fridge ...

    DisAgree [8] Agree [59] Reply Report Abuse


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