Stabroek News Sunday

Independen­t third world judges lead the way

- The opening lasts for 1 1/2 hours

From page 7

is a fundamenta­l right protected by the Indian Constituti­on even though it does not specifical­ly refer to such a right.

The first significan­t case in which the right to privacy emerged is the US case of Roe v Wade, decided in 1973. This case affirmed a woman’s right to an abortion on the ground of her right to privacy which was protected by the fourteenth amendment to the US constituti­on. There is no specific right to privacy in the US Constituti­on but a part of the fourteenth amendment was held to have conferred such a right. The operative part of the clause states: “…nor shall any state deprive any person of life, liberty, or property, without due process of law…” Justice Blackmun, who delivered the opinion of the court, which has remained controvers­ial, said: “The Court has recognized that a right of personal privacy…does exist under the Constituti­on…This right of privacy, whether it be founded in the Fourteenth Amendment’s concept of personal liberty and restrictio­ns upon state action…or…in the Ninth Amendment’s reservatio­n of rights to the people, is broad enough to encompass a woman’s decision whether or not to terminate her pregnancy.”

In a 547-page decision on August 24, the Indian Supreme Court of nine judges overruled previous decisions, went further than Roe v Wade, and held in the Aadhaar Case that notwithsta­nding that the India Constituti­on did not specifical­ly protect the right of privacy, neverthele­ss Article 21, which protects the right to life and personal liberty, confers a fundamenta­l right to privacy under the Indian Constituti­on. “The right to privacy is an integral part of the right to life and personal liberty guaranteed in Article 21 of the Constituti­on.”

Long regarded as independen­t and highly respected, the Supreme Court rejected the government’s argument that the right to privacy was not constituti­onally protected and ruled that the “Aadhaar” biometric project under which the government had collected biometric and demographi­c data of 1.17 billion persons, ostensibly to be able to plug leaks in India’s social welfare schemes, violated the fundamenta­l rights to privacy of citizens under Article 21.

The government intended to use the data for a host of other services and companies were also hoping to use it. The court, in a decision of worldwide implicatio­ns in the informatio­n age, held that a wide range of choices in new and numerous facets of life emerging from new technologi­es, far exceeding anything hitherto considered by any court, is protected as fundamenta­l rights to privacy.

Like the United States and India, the right to life and personal liberty are protected by Articles 138 and 139 of the Guyana Constituti­on. For Ocean Going Vessels the opening lasts about For Trawlers the opening lasts about

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Sun Mon Sep Sep 3, 2017 14:40 - 16:10 hrs 4, 2017 15:15 - 16:45 hrs Sun Mon Tues 03/09/17 04/09/17 05/09/17 1-11/2 hrs 3:00hrs 3:30hrs 4:00hrs 14:30 hrs 14:30 hrs 14:30 hrs 1/ 2 hrs

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