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  • Essay / Right to Privacy in India

    The unanimous judgment of the Supreme Court of India (SCI) in the case of Justice KS Puttaswamy (retd.) against the Union of India is a resounding victory for privacy. The move is the result of a petition challenging the constitutional validity of India's Aadhaar biometric identity system. The resounding recognition of the right to privacy as a fundamental right in this judgment marks a watershed in India's constitutional history. The one-page order signed by the nine justices states: Say no to plagiarism. Get a tailor-made essay on “Why violent video games should not be banned”? Get the original essay The right to privacy is protected as an intrinsic part of the right to life and personal liberty under the Article 21 and as part of the guaranteed freedoms. by Part III of the Constitution. The right to privacy in India has developed through a series of decisions over the last 60 years. Over the years, the inconsistency of two early judgments has created a difference of opinion on whether the right to privacy is a fundamental right. Last week's judgment reconciles these different interpretations to state unequivocally that this is the case. Further, the constitutional provisions must be read and interpreted in such a way as to enhance their conformity with the international human rights instruments ratified by India. The judgment also concludes that privacy is a necessary condition for the meaningful exercise of other guaranteed freedoms. The ruling, in which the judges set out the reasons for the one-page order, spans 547 pages and includes opinions from six judges, creating a legal framework. for the protection of privacy in India. The opinions cover a wide range of issues and clarify that privacy is an inalienable fundamental right, intrinsic to human dignity and freedom. The decision is particularly timely given the rapid rollout of Aahaar. In fact, the privacy ruling stems from a looming challenge to India's biometric identity system. We have already covered the privacy and surveillance risks associated with this system. Ambiguity over the nature and scope of the right to privacy in India has allowed the government to collect and compile demographic and biometric data on residents. The initial rationale for introducing Aadhaar was to ensure that government benefits reached the intended beneficiaries. After rapid deployment and expansion, it is the largest biometric database in the world, with over 1.25 billion Indians registered. The government's push for Aadhaar has led to its wide acceptance as proof of identity and as an instrument for restructuring and facilitating government services. Following data leaks and hacking incidents, critics of Aadhaar say the biometric data linked to the card could be misused. by government agencies. While the government strongly supports the Aadhaar project, the Center maintains that the right to life of millions of poor people in the country through food, shelter and welfare measures is far more important than the privacy concerns raised by the elite class. : This is just a sample. Get a personalized article from our expert writers now. Get a Custom Essay So now the basic question to ask is “Is Aadhar already in danger or not ??”