1. Aadhaar case: Supreme Court says nearly impossible to define privacy, it is not absolute; here’s why

Aadhaar case: Supreme Court says nearly impossible to define privacy, it is not absolute; here’s why

Aadhaar Privacy Case: The Supreme Court today observed that it is nearly impossible to define privacy.

By: | New Delhi | Published: July 19, 2017 6:45 PM
aadhaar case, aadhaar privacy case, right to privacy, fundamental right to privacy, aadhaar case supreme court,, supreme court on privacy, privacy rights in india Supreme Court of India. (PTI)

Aadhaar Privacy Case: The Supreme Court today observed that it is nearly impossible to define privacy, which is not absolute and the state cannot be prevented from imposing reasonable restrictions on citizens, according to a report by The Hindu. The nine-judge bench of the apex court, which is looking into the limited matter of right to privacy, attached to the Aadhaar case, also observed that any attempt to define privacy may cause more harm than good. The hearing in the privacy matter will continue on the second day tomorrow.

The petitioners today put forth a statement by Finance Minister Arun Jaitley, which he had given in the parliament while moving the Aadhaar Bill. “The present bill presupposes and is based on a premise, and it’s too late in the day to contest that privacy is not a fundamental right. Privacy is not an absolute right, which is subjected to a restriction established by law on a fair and just procedure,” Jaitley had said.

In past, the apex court has held that right to privacy is not a fundamental right. On Tuesday, however, the Supreme Court observed, “In a Republic founded on a written Constitution, it is difficult to accept there is no fundamental right to privacy.” The court’s observation put a put a question mark on the government’s apparent efforts to make Aadhaar mandatory for access to a number of state-sponsored doles and services as well as for taxation and other aspects of regulatory governance. The court also formed a nine-judge bench headed by Chief Justice J S Khehar to decide on the privacy debate.

The top court on Tuesday also said that the larger bench would examine the correctness of the two judgements delivered in the cases of
Kharak Singh and M P Sharma in which it was held that right to privacy was not a fundamental right. While the Kharak Singh judgement was delivered by a six- judge bench in 1960, the M P Sharma verdict was reported in 1950 and was delivered by an eight-judge Constitution bench, according to PTI.

The nine-judge bench also include justices J Chelameswar, S A Bobde, R K Agrawal, Rohinton Fali Nariman, Abhay Manohar Sapre, D Y Chandrachud, Sanjay Kishan Kaul and S Abdul Nazeer.

  1. Hemen Parekh
    Jul 20, 2017 at 4:23 pm
    s: myblogepage. /2017/07/right-to-privacy-thank-you-your-honours
    Reply
    1. Kiran Kumar “Vumsee” Bokkisam
      Jul 20, 2017 at 12:28 am
      Before doing all this argument, first check if everyone gets aadhaar in the same way or rich people can get it from the comfort of their house. Here in my area in Dhanori, Pune the aadhaar update center or e-seva guy asks for extra money to expedite the procedure. So, before doing anything please check if the foundation is fair.
      Reply
      1. S
        Sadasivan
        Jul 19, 2017 at 11:21 pm
        Your Lordshsips,please consider these:- Fair and Just procedure,as per Shri Arun Jaitley Ji.FAIRNESS means not even a single individual is adversely affected.But the possibility of many,even an entire Ethnic group,under a repressive future Regime,SUFFERING,due to loss of Privacy(data on the WEB),exists.The Law exists not to punish an individual,but to SAVE an INNOCENT person.
        Reply
        1. S
          Sadasivan
          Jul 19, 2017 at 11:15 pm
          Your Lordships, WHEN IN DOUBT,THE BENEFIT OF DOUBT GOES TO THE GRIEVING PARTY/PARTIES this case to those who ,request restoration of privacy,namely Human Dignity,SAFETY and escape from possibility of being made a CRIMINL,by the vested interests..
          Reply
          1. S
            Sadasivan
            Jul 19, 2017 at 11:10 pm
            Your Lordships please consider these:- 1 a Republic the voice of the Minority has to be heard. It is "Majority Rule,but Minority Has Its rights". 2.Privacy is all about human Dignity and SAFETY. 3.the following fears are paramount :- i)Ethnic Cleansing under a Repressive Regime ii) Wealth loss iii) Personal Information loss and the possibility of being made a CRIMINAL by vested interests No claims can compensate for the three losses and apprehensions mentioned above.
            Reply
            1. #
              #AADHAARFAIL
              Jul 19, 2017 at 6:57 pm
              When your fingerprint gets stolen, printed and used for aadhaar pay, cloning SIM and changing bank password using OTP, your aadhaar devotion will vanish. Jai Hind. 1. 25 lakh families in Rajasthan are unable to withdraw ration even after seeding #AADHAARFAIL with their ration card. 2. #AADHAAR authentication does not work for half billion Indians. 3. AADHAAR authentication does not work even after updating bio-metrics and waiting for 90 days 4. AADHAAR bio-metrics can be stolen, printed and used for #AADHAAR pay 5. #AADHAAR does not work for NRIs, people outside India 6. AADHAR can not be generated if a person's fingerprint matches with someone else's with 60 percentage probability. 7. Rogue government can deactivate your #AADHAAR blocking ur gas, electricity, mobile, bank account 8. AADHAAR works for millions of illegals staying in India 9. AADHAAR is blocking subsidies for millions of legitimate people 10. Take 10 lakh insurance for each #AADHAAR failure case/delete
              Reply
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