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The Supreme Court issued a momentous decision today, ruling that privacy is a basic right guaranteed by the Indian Constitution. While the verdict has sparked scholarly and intellectual arguments across the country over Aadhaar and the legality of biometric profiling, it also calls for a closer look at what it means for the average citizen. It is time to ask ourselves, “What does this decision mean for ordinary Indians like you and me?”
The Importance of the Right to Privacy Verdict
The verdict about the right to privacy emerged as a guard of the citizens in an age where privacy and data security are getting fragile with every passing day. The significance of the verdict is as follows.
In the electronic age, citizens exchange personal data frequently, whether they know it or not. This can be abused not only by the government but also by large corporations.
Recognising privacy as a basic right will result in a shift in the state-citizen relationship.
Section 377 of the IPC is now called into doubt.
DNA Analysis The bill may infringe on the right to privacy.
This decision on the right to privacy will also question the legitimacy of numerous corporations’ privacy policies (for example, WhatsApp’s updated privacy policy).
The Petition for the Declaration of Right to Privacy as a Fundamental Right
The Central Government’s Aadhar push prompted many citizens to submit petitions before the Supreme Court requesting that privacy be declared a fundamental right. There were at least 20 Aadhar-related cases. The petitioners asked the Supreme Court to recognise a basic right to privacy under the Constitution, among other reasons.
Now that the right to privacy has been established as a basic right, what happens when one individual believes that his privacy has been invaded by someone other than the state?
Legal Recourse
The verdict mentions horizontal rights (individual to individual) at some level. While people can go to court in such cases, horizontal rights are resolved by the court on a case-by-case basis. As a result, it is no different from before. The same can be said for media coverage, which is unchanged. Notably, the Supreme Court unanimously reversed two decisions. In this verdict, the Supreme Court implicitly rejected the gay rights judgment, broadened the extent of individuals’ right to be alone, and recognised the right to sexual orientation.
How Does Right to Privacy Verdict Affect Online Behaviours
This decision does not directly impact information sharing on social media, surveillance cameras installed in private spaces by private parties, or media reporting on celebrities’ personal lives. ” The Supreme Court’s decision is effective immediately. On the issue of privacy, expect more citizen activity, government initiatives to enact new legislation, and legal challenges to numerous state activities.
Primary Points of the Verdict
A nine-member Supreme Court Constitution Bench unanimously held that privacy is intrinsic to life and liberty and hence a part of Art. 21 of the fundamental rights.
It was decided that privacy is a natural and inherent right of all humans and that the constitutional recognition is merely to clarify this.
However, the court underlined that it is not an absolute right.
Broader Implications
Personal liberty and the right to life
Homosexuality
The right to die
The ruling said that the LGBT community’s sexual identity is embedded in the right to life.
Data Security
Aadhar’s Future
International Concepts of Privacy
Article 12 of the Universal Declaration of Human Rights (1948) states, “No one shall be subjected to arbitrary interference with his privacy, family, home, or communications, nor to attack his honour and reputation.” Everyone has a legal right to be protected from such interference or attacks. “
According to Article 17 of the International Covenant on Civil and Political Rights (to which India is a signatory), “no one shall be subjected to arbitrary or unlawful interference with his privacy, family, home, or correspondence, nor to unlawful attacks on his honour and character.”
Privacy Obligations
There are specific interpersonal interactions in which one party may be required to maintain a certain level of confidentiality. A doctor-patient, husband-wife, customer-insurance company or attorney-client relationship are situations in which one party has a strong ethical need to safeguard the private information belonging to an individual that may expose them to social shame or ridicule. The initial idea is likewise legally recognised in Sections 123–126 of the Indian Evidence Act of 1871.
Conclusion
The right to privacy is now a fundamental right that extends to all Indians’ privacy in both the physical and virtual worlds. This fundamental right presently protects the personal freedom of all Indians. Still, it is not an absolute right because justifiable restrictions exist, for which the government must develop a method. Any state or its agents may not violate the right to privacy. The decision has heralded a new era in Indian privacy law. Privacy, as a fundamental right, will be prioritised more than previously. This is a huge step forward—no previous Supreme Court decision has pushed the envelope on privacy law like this, and no one will ever be able to treat privacy as a lesser right in India.
