New Delhi: The Supreme Court on Thursday declared right to privacy a fundamental right, a far-reaching verdict that could impact a range of life choices of Indians, including food habits and sexual orientation.
In a session that lasted barely five minutes, Chief Justice J S Khehar read out the unanimous operative part of the verdict of the nine-judge bench: “the right to privacy is protected as an intrinsic part of the right to life and personal liberty under Article 21 and as a part of the freedoms guaranteed by Part III of the Constitution.”
But the huge ramifications of the verdict, which one judge said “governs the lives of 125 crore citizens of this country”, were woven into the 547-page judgement.
The judgement “must be interpreted to respond to the changing needs of society at different points in time,” said Justice Rohinton Nariman.
The top court also ruled that like other fundamental rights, the right to privacy was not absolute and any encroachment will have to withstand the touchstone of permissible restrictions.
The case stemmed from a bunch of petitions challenging the Aadhaar scheme, which contended that the data obtained to issue the identity card was an infringement of privacy.
The court did not directly address the Aadhaar issue, which will continue to be dealt with by a separate bench that has been hearing arguments since 2015.
The bench overruled the contrary apex court verdicts delivered in 1950 and 1962 in the M P Sharma and the Kharak Singh cases holding that right to privacy was not part of the Constitution.
The top court rejected the NDA government’s vehement contention that there was no general or fundamental right to privacy under the Constitution.
The lead judgement, penned by Justice D Y Chandrachud for himself, the CJI, Justices R K Agrawal and S A Nazeer, however, asked the government to examine and put in place a “robust regime” for data protection in the modern era.
The other members of the bench were Justices J Chelameswar, S A Bobde, Abhay Manohar Sapre and Sanjay Kishan Kaul.
The top court gave a ray of hope to the government whose Aadhaar scheme is under intense scrutiny over privacy infringements, said, “We commend to the Union Government the need to examine and put into place a robust regime for data protection.”
The judgement said that privacy included at its core the preservation of personal intimacies, the sanctity of family life, marriage, procreation, the home and sexual orientation.
“Privacy also connotes a right to be left alone. Privacy safeguards individual autonomy and recognises the ability of the individual to control vital aspects of his or her life,” the judgement said.
It said personal choices governing a way of life are intrinsic to privacy.
“Privacy protects heterogenity and recognises the plurality and diversity of our culture. While the legitimate expectation of privacy may vary from the intimate zone to the private zone and from the private to the public arenas, it is important to underscore that privacy is not lost or surrendered merely because the individual is in a public place,” it said.
The apex court judgement was welcomed by leading legal experts, including Law Minister Ravi Shankar Prasad, who is himself a lawyer. (PTI)
