Profile
Settings
Refer your friends
Sign out
The constitutional legitimacy of the Aadhaar system was challenged by retired Karnataka High Court judge Justice K.S. Puttaswamy (Retd.). He said the plan infringed on his right to privacy. A three-judge panel decided that a bigger court should decide whether the Indian Constitution guaranteed the right to privacy. This case was determined by a nine-judge panel.
Justice K.S.Puttaswamy(Retd) Vs Union of India Citation
Issues & Decision:Â
THE COURT DECIDED: Under Article 21 of the Constitution, the right to privacy is included in the right to life and personal liberty.
The Framework for Rights
Privacy is a characteristic of human dignity, according to the Court. The right to privacy protects one’s ability to make personal decisions and exert control over important parts of one’s life. According to the report, personal intimacies (marriage, reproduction, and family) and sexual orientation are the basis of an individual’s dignity.
Discrimination based on sexual orientation is also “highly insulting to dignity and self-worth,” according to the Court. By referring to its judgement in NALSA, which guarantees the right to self-recognition of gender, it highlighted that the right to privacy was at the junction of Articles 15 and 21 of the constitution.Â
Natural Rights and Freedoms
Certain rights, according to the Court, are not conferred by the state but are inherited by a person simply by being human. Natural rights apply to everyone, regardless of their social level, economic situation, gender, or sexual orientation. The freedom to decide one’s sexual orientation was also recognised as a natural right.
India’s International Responsibilities
India was encouraged by the Court to abide by the international human rights regime. This argument was based on Article 51 of the Constitution, which states that the government must adhere to international law. The right to privacy is guaranteed by Article 12 of the Universal Declaration of Human Rights and Article 21 of the International Covenant on Civil and Political Rights, according to the Court.
The judgement in ‘Suresh Koushal v. Naz Foundation’ was overturned.
The Supreme Court dismissed a challenge to Section 377 of the Indian Penal Code in Suresh Kumar Koushal vs. Naz Foundation. The claim in the case was that Section 377 infringed on the right to dignity and privacy. The Court had previously stated that Section 377 only impacted a “minority of the country’s population.” It refused to overturn the provision on this basis.
Case brief of Justice K. S. Puttaswamy (Retd.) and Anr. vs Union Of India
The ‘Right to Privacy’ jurisprudence in India is based on this case. In this judgement, the nine-judge bench unanimously reaffirmed the right to privacy as a basic right under the Indian Constitution. The right to privacy, according to the Court, is an important part of the freedoms provided by basic rights, as well as an intrinsic feature of dignity, autonomy, and liberty.
Facts
The lawsuit was started after Justice K.S. Puttaswamy, a former Karnataka High Court judge, filed a petition in regard to the Aadhaar Project, which was handled by the Unique Identification Authority of India (UIDAI). The Aadhaar number was a 12-digit identifying number given to Indian citizens by the UIDAI.Â
Issue
Whether and whether the right to privacy was a basic right under India’s Constitution’s Part III.
Decision
Privacy was declared a unique and independent basic right under Article 21 of the Constitution by the Supreme Court in six different rulings. The heart of the ruling outlined a wide view of the right to privacy: it was not limiting protection against physical invasion, nor a derived right under Article 21, but one that included the body and intellect, encompassing decisions, choices, knowledge, and freedom. Part III of the Constitution was found to provide an overarching, enforceable, and multidimensional right to privacy. The extent of the right was debated in detail in the various opinions.
Right to privacy Puttaswamy case
The Supreme Court of India’s Right to Privacy ruling, formally known as Justice K. S. Puttaswamy (Retd.) and Anr. versus Union Of India And Ors, is a historic case that states that the right to privacy is protected as a basic right under Articles 14, 19, and 21 of the Indian Constitution.
On August 24, 2017, a 9-judge Supreme Court bench gave a unanimous judgement in Justice K.S. Puttaswamy vs. Union of India and several related proceedings, upholding that each individual has a basic right to privacy under the Indian Constitution.
Conclusion:
Justice K.S. Puttaswamy, a retired Karnataka High Court judge, questioned the constitutional viability of the Aadhaar scheme (Retd.). His right to privacy, he said, was violated by the scheme. A three-judge panel determined that the right to privacy was protected by the Indian Constitution and that the issue should be addressed by a higher court. A nine-judge panel made its decision in this case. On August 24, 2017, a nine-judge Supreme Court bench unanimously ruled in Justice K.S. Puttaswamy vs. Union of India and numerous related cases that each individual has a constitutional right to privacy.
