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Top Court Declares Privacy a Fundamental right

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New Delhi: People show their fingers marked with phosphorus ink along with their Aadhar cards after casting their votes for the Bawana assembly constituency bypolls in New Delhi on Aug 23, 2017. (Photo: IANS) by .
People show their fingers marked with phosphorus ink along with their Aadhar cards after casting their votes for the Bawana assembly constituency bypolls in New Delhi (Photo: IANS)

The Supreme Court held that the right to privacy is a fundamental right and is an integral part of the right to life and liberty….reports Asian Lite News

New Delhi: People show their fingers marked with phosphorus ink along with their Aadhar cards after casting their votes for the Bawana assembly constituency bypolls in New Delhi on Aug 23, 2017. (Photo: IANS) by .
People show their fingers marked with phosphorus ink along with their Aadhar cards after casting their votes for the Bawana assembly constituency bypolls in New Delhi (Photo: IANS)

The ruling by a nine-judge bench headed by Chief Justice J.S. Khehar will have a bearing on the challenge to the validity of the Aadhaar scheme on the grounds of its violating the right to privacy.

The Congress hailed the Supreme Court’s judgement declaring the Right to Privacy a fundamental right and said that it rejected the Narendra Modi-led government’s attempt to whittle it down.

“Path breaking and seminal judgement. A great victory for liberty and freedom. The Supreme Court rejects Modi government’s attempt to whittle down the right to privacy,” Congress spokesperson Randeep Singh Surjewala tweeted.

The Congress leader’s remarks came soon after a nine-judge Supreme Court bench headed by Chief Justice J.S. Khehar said that the Right to Privacy is a fundamental right under Article 21 of the constitution.

The Supreme Court’s ruling on Thursday that the right to privacy is a fundamental right is a “setback” for the government, noted lawyer Prashant Bhushan said.

“This is a setback for the government” because it goes against its stand on privacy, Bhushan who is party to the case told reporters.

The verdict will have bearing on the government’s Aadhaar scheme that makes compulsory linking of the unique biometric identity with bank accounts, income tax returns and for availing government benefits.

Asked if the ruling will have implications on Aadhaar, Bhushan said: “This judgment does not say anything about that.”

He said it appeared that any law which restricts fundamental right will have to be examined on the touchstone of Article 21.

“If the government asks for Aadhaar for booking railway tickets or if you buy something then such a law would be considered as unreasonable restriction on Right to Privacy. I feel it will be struck down,” Bhushan said.

The petitions challenging Aadhaar will now be referred to a separate five-judge bench.