Hindustan Times (Amritsar)

At 70, India gets a gift long due

The privacy ruling fills a void left by our Constituti­on makers

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The Supreme Court’s declaratio­n that citizens have a ‘right to be left alone’ is a huge milestone in the history of the Republic and civil rights. The court has ruled that citizens have a right to privacy, which is fundamenta­l to dignified human existence. While the court has not spelt out the full contours of privacy — it has given an illustrati­ve example as to what privacy means. It said privacy includes at its core the preservati­on of personal intimacies, the sanctity of family life, marriage, procreatio­n, the home and sexual orientatio­n. By doing so, the court has affirmed an unwritten right, though recognised internatio­nally as a fundamenta­l right. By stepping in – the courts have filled a gap left by our Constituti­on framers.

Privacy as a right has not been given a separate legal status in any country. Across the world it has arisen out of judicial pronouncem­ents. The nine-judge Supreme Court bench had to cast away the historical burden of previous judgments that refused to recognise privacy as a fundamenta­l right. Interestin­gly, while doing so, a son, who was part of the bench, overruled his father’s previous verdict in the infamous ADM Jabalpur case. While this judgment has crystallis­ed an amorphous idea – it has also reopened a debate on many contentiou­s issues that have been decided in the past. For instance, in the case of rights of the LGBT community, this bench is of the opinion that the matter was wrongly decided on the touchstone of privacy. Sexual orientatio­n of an individual is a matter of privacy. Similarly, the cases of abortion and wilful terminatio­n of one’s life – are set to witness renewed deliberati­ons.

So far, the Supreme Court has only decided if there is a right to privacy. Now that this is settled, it will turn its attention to Aadhaar. While the concept of privacy is still in its infancy, following developmen­ts in the field of media, technology and scientific thinking, the increasing role of corporatio­ns in the lives of citizens there is an urgent need to address this. The country could not have got a better gift from the judiciary for its 70th year of independen­ce.

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