24 August 2017

Pin It

Historic Supreme Declares Right to Privacy is fundamental Right

Historic Supreme Declares Right to Privacy is fundamental Right

In a landmark judgement Supreme Court of India, A nine-judge bench of the Supreme Court on Thursday declared privacy to be a fundamental right

BJP government opposed the Right to Privacy is a fundamental right.

SC Bench ruled that right to privacy is “intrinsic to life and liberty” and is inherently protected under the various fundamental freedoms enshrined under Part III of the Indian Constitution.

“This right to privacy is protected under Article 21 and it is intrinsic to the Constitution,” said Chief Justice of India J S Khehar, reading out the verdict for the nine-judge bench. Article 21 guarantees the right to life and liberty as inviolable fundamental rights.

Chief Justice of India J.S. Khehar said the court has overruled its own eight-judge Bench and six-judge Bench judgments of M.P. Sharma and Kharak Singh cases delivered in 1954 and 1961, respectively, that privacy is not protected under the Constitution.

In upholding privacy as a fundamental right, the top court overruled all earlier judgements that had said the right to privacy was not part of the Constitution.

The nine-judge Bench was composed of
Chief Justice J.S. Khehar and Justices J. Chelameswar, S.A. Bobde, R.K. Agrawal, Rohinton F. Nariman, Abhay Manohar Sapre, D.Y. Chandrachud Sanjay Kishan Kaul.

A five-judge Bench led by Chief Justice Khehar had referred the question whether privacy is a fundamental right or not to the nine-judge Bench.

Why Nine Judge Bench was formed to decide this case?
1954- M.P. Sharma case verdict pronounced by an eight-judge Bench
1965- Kharak Singh case verdict by a six-judge Bench

Both above judgements were refereed in majority cases related with Privacy.
Both judgments had concluded that privacy was not a fundamental or ‘guaranteed’ right.
To overcome these two precedents, a numerically superior Bench of nine judges was required.

Supreme Court said right to privacy was at par with right to life and liberty, and that the verdict will protect citizens’ personal freedom from intrusions by the state.

The Aadhaar law will now be tested against Thursday’s right to privacy judgment

This judgement will impact following –
BJP government plan of using Aadhaar for everything making it mandatory
Use of Aadhaar Card

Article 377 and LGBT rights, Homosexuality

Humiliation by Police or Media channels

Beef Ban – Consumption of Beef in inside home

Mob Beatings and circulating videos on internet of innocent people
Only court has a right to declare any citizen as a criminal and punish him.
Mob has no right and Courts need to Punish the gangs of mob who punish and defame Individuals

Reality views by sm –

Thursday, August 24, 2017

Tags – Privacy Fundamental Right India SC Judgement