To be ‘left alone’ is a basic right
But the constitution allows the State to place several curbs on it
As citizens of India, do we have a right to privacy? A right to choose to share or not to share with others (the government included) information about our private life, habits and relations. A nine-judge bench of the Supreme Court of India has assembled precisely to find an answer this contentious and complex issue.This question arises in the backdrop of the Aadhar case – where the government is collecting biometric data of its citizens for providing access to government services. A bunch of petitions has challenged the Aadhar card scheme as violative of the right to privacy of its citizens. The challenge before the court will be to define the limits of this elusive right if it decides to recognise it. Prima facie, the court is of the view that there exists a right to privacy.
As far as fundamental rights are concerned, the constitution allows the government to place restrictions on them in the larger interest of the society, for law and order purposes or taking affirmative action for the backward classes. While there is a need for the right to privacy against the state from arbitrary searches and seizures, privacy of one’s home and residence, personal belongings and freedom — this right has to be extended against private players. In this era of digitisation, violations of privacy by private players such as corporate houses providing telecom, health or insurance services have to be addressed on an urgent basis as they deal with sensitive data of individuals.
But the government is of the view that citizens have no such right of being “left alone” against it. Last year, defending the Aadhar scheme, former attorney general of India Mukul Rohatgi argued that “even if citizens want to be forgotten – the state doesn’t not want to forget them.” There is no doubt that even though the right to privacy finds no mention in the constitution, it is a natural right which makes the right to life and liberty a reality. Globally too, the right to privacy is recognised as a fundamental human right. The best we can hope for from the court is a strict scrutiny of any government or private action that breaches human dignity.