Right to privacy fundamental, but not absolute: Govt

THE GOVT WONDERED IF THE RIGHT TO PRIVACY OF A SELECT FEW COULD DESTROY THE RIGHT TO LIFE OF 270 MILLION POOR PEOPLE IN INDIA

NEW DELHI: Privacy is a fundamental right but it is conditional, the central government said in the Supreme Court on Wednesday and retreated from its previous position that the privilege isn’t guaranteed by the Constitution.

Attorneygeneral KKVenugopal stated the government’s revised stand before a nine-judge bench led by Chief Justice JS Khehar that will decide if the Constitution guarantees privacy to citizens.

“It is conditional right and should be determined on a caseto-case basis,” Venugopal said.

He argued that India’s “constitution-makers deliberately omitted privacy as a fundamental right”, but it is similar to the right to liberty that Article 21 of the statute guarantees. Therefore, every aspect of it cannot be elevated as a fundamental right.

Privacy rights became a hotly debated subject after the government decided people must provide their 12-digit Aadhaar identification number to get social benefits and to file tax returns.

“Privacy is a species of liberty, which is subordinate to the right to life. Aadhaar is to secure the poor’s right to life such as food and shelter,” Venugopal said.

The government wondered if the right to privacy of a select few could destroy the right to life of 270 million poor people in the country. For its part, the court sought to know if the government’s stand was pitting the rich against the poor.

“Are you saying you can deny a right to someone for this reason?” Justice J Chelameswar asked.

Another member of the bench, Justice DY Chandrachud, gave examples how the poor can also benefit from privacy rights.

“You cannot impose sterilization in a slum area because there are too many kids there. In such a scenario the protection guaranteed to those opposing would be right to privacy. Similarly, this right would stand in the way if women are forced to participate in drug trials.”

“You say right to privacy is an elitist construct. But this right will apply to all,” he remarked.

The bench asked the attorney general why right to privacy cannot be derived from Article 21 if the right to health or environment can come from it. The question whether privacy is sacred to the Constitution was referred to a larger bench after the government insisted it was not a fundamental right. The Centre had cited two previous top court verdicts that rejected the right.

The government also objected to petitions that the collection of biometric data under the Aadhaar law for the identification number breached people’s privacy.