Recent landmark judgement right to privacy
Nine-bench constitutional bench in Justice KS Puttaswamy (Retd) Vs. the Union of India delivered landmark judgement and unanimously declared that the Right to Privacy is part of Fundamental Rights. Judges also made some important observations:
- Right to Privacy is part of Right to life and personal dignity under Article-21 of Indian Constitution. As other fundamental rights, Right to Privacy is also not absolute and there may be some ‘reasonable’ restrictions.
- Unity and Integrity of the nation cannot be ensured without ensuring the dignity of an individual through privacy.
- Some other Supreme Court judgements (like not declaring Section 377 unconstitutional in Kaushal case) require new debate in light of recent judgement.
- The bench also argued that the state does not have right to decide what one eats, what one should wear; as they are part of his/her Right to Privacy.
- The bench also displayed concern about the weak data protection mechanism in India and directed the state to come out with strong data security infrastructure and data protection laws.
- The bench also criticised earlier judgement (MP Sharma (1954) and Kharak Singh (1962)) and also suggested the need of dissent from the government to protect the rights of citizens by citing ADM Jabalpur Case.
The Recent judgement of the Constitutional bench is truly the landmark. This has opened doors to review many other points from a different angle. This also showed that conformist judgements may be a threat to the basic structure of the Constitution and Rights of citizens.
Freedom is an inherent right. When it is provided by the state than it doubles enjoyment of life. Because we have "govt of the people, by the people, for the people" said by great freedom fighter Abraham Lincoln.