MY VIEW ON RIGHT TO PRIVACY JUDGEMENT
SUBHASREE SUNDARI P*
Student Of 4TH YEAR VIT SCHOOL OF LAW
- The supreme court successfully delivered a landmark judgments this year out of all right to privacy R2P stands out . As it pertains to be one of the healthy debated topics in india. The judgement overruled the 2 cases which were often seen as anti-privacy judgements in of MPSharma and kharak singh case.
- The R2P even though was recognized as fundamental right by the court, it is not absolute but then which fundamental right is absolute? There are reasonable restrictions attaching to all. At the 21st century, this stands out as the most anticipated judgement . Given the massive role of technology in our lives , privacy as a fundamental right has become indispensable for us.
- The judgement also limited at the need to recognize privacy rights of LGBT community which is again a vital observation, contradicting to previous stance in NAZ Foundation case. The unanimous decision of the Supreme court defined R2P as the right to left alone. The court noted that it is at the core human dignity it also felt that government must part in place a robust data protection regime which must bring a balance between individual interest and legitimate rights concerned.
- The 9 judge bench decision would also be taken as bar for ongoing adhar battle which would then decide . if adhar is a reasonable restrict on the right to privacy. The judgement has been hailed as a victory to everyone . post judgement the government even tried to paint the verdict as a win for their party even when the opposite is true.