Delivering a landmark judgement for citizens of India, the Supreme Court on Thursday declared that the Right To Privacy is a Fundamental Right.
The SC stated that privacy is intrinsic under Article 21 and other freedoms guaranteed in Part III of the Indian Constitution. The nine-judge bench was referred to the matter by a five-judge bench that was hearing arguments against the Aadhaar identification project. The Aadhaar or UIDAI project has been a topic of heated debate as it raises concerns of citizens’ privacy as the government holds its biometric and demographic data.
In this judgement, the rights of the LGBT community have also been mentioned, “Their [LGBT] rights are not “so-called rights” but are real rights founded on sound constitutional doctrine. They inhere in the right to life…Equal protection demands protection of the identity of every individual without discrimination.”
Pune365 speaks to some activists, journalists and lawyers to know their views on this judgement.
Bindumadhav Khire, LGBT Rights Activist and Founder, Samapathik Trust
This is certainly a welcome judgement. Now with right to privacy being a fundamental right, the government has no reason to peak into anyone’s private life or homes. This decision doesn’t just affect Section 377 but it also brings to light gay marriage and surrogacy rights. We have very regressive surrogacy laws which limits many. While this government may claim to make economic progress, it doesn’t have a very positive record on human rights. This judgement brings so many things to the fore like transgender rights. The NALSA judgement gave only socio-economic rights to transgenders but not sexual reproductive rights. With the right to privacy being restored, sexual orientation and such rights will have to be protected.
Sunanda Mehta, Senior Journalist
This is a great judgement and most importantly, it is unanimous which shows how pertinent it is. We need to understand that the right to privacy is not just for the elite. It is a universal right! it is the fundamental right for everyone to be left free to live the way they want to live. This judgement encompasses the liberties for leading a better life. There are other laws like Section 377 that are inhibiting and I hope this judgement is big enough to change that.
Vijay Kumbhar, RTI Activist
When it comes to privacy, it is even protected when someone is filing an RTI. There is a very fine line between privacy and disclosure. This is a welcome judgement. With regards to the Aadhaar card issue, there are three problems like privacy, data protection and leaked data. We do not have any data protection or regulation laws in this country. The government has not ensured its citizens that their information will be safe.
Asim Sarode, Human Rights Activist and Lawyer
This is a very important judgement that the Supreme Court has decided on. Every citizen has the right to live with dignity which is integral to Article 21 of the Constitution. With this, it is now the responsibility of the government to protect the privacy of the citizens. They need to come out with a clear mechanism to do so. The police should also learn that if people are in a public space then their privacy cannot be invaded or taken away. This judgement is especially important for minorities or disadvantaged groups like people in mental institutions, beggars living in rehabilitation centres and even sexual minorities. The government is now the custodian of their rights. Whatever it does, it cannot misuse or leak their information.
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