After the triple talaq judgement, the Supreme Court has struck again pronouncing the right to privacy as a fundamental right protected by Article 21. The Constitution does not specifically mention the right to privacy. But it can be derived from Article 21 and the Preamble to the Constitution which upholds the dignity of the individual. The Supreme Court has thus dealt a blow on state surveillance over individuals. In the past, the SC judgments took an ambivalent stand on the right to privacy. But this time the nine judges who took the decision adopted a firm attitude. The attack on the Aadhar database which identifies uniquely a billion plus residents was a main feature of the judgment. The Aadhar database is an intrusion into a vast amount of personal data. The cow vigilantes have also been targeted. The judgment further protects homosexuals and witches though protection of them cannot be popular among most people.
Justice Chandrachud has described privacy as the ‘Constitutional core of human dignity’ and said that it is in consonance with the diversity and plurality of our culture. Of course privacy expectations vary from case to case. But on the whole it is a core freedom. Since such expectations vary from case to case, they can be judged likewise from case to case.
The Supreme Court judgment of December 2013 re-criminalised homosexuality. This was according to many a regressive step as the previous Pope in the Vatican had also leaned towards its recognition. The government has to convince the Supreme Court that the biometric data collected and their use in the Aadhar cards are necessary for implementing various welfare measures. The exercise also weeds out fraudulent PAN cards. The latest Supreme Court judgment strikes a balance between individual interests and national security as well as the requirements of criminal investigation. It is necessary for governments, corporations and individuals to act in coordination.
