We, the private people

With the landmark verdict, SC expands fundamental rights, self-corrects

On Thursday, the fundamental rights of the Indian citizen got more teeth against arbitrary action of the state. The Supreme Court’s ruling that the “Right to Privacy is an integral part of the Right to Life and Personal Liberty guaranteed in Article 21 of the Constitution” will be seen in the light of its immediate context — the Aadhaar case. But the unanimous verdict of the nine-judge bench is much more far-reaching than that. “Privacy enables each individual to take crucial decisions which find expression in the human personality. It enables individuals to preserve their beliefs, thoughts, expressions, ideas, ideologies, preferences and choices against societal demands of homogeneity. Privacy is an intrinsic recognition of heterogeneity, of the right of the individual to be different and to stand against the tide of conformity in creating a zone of solitude,” the court said.

There is another important lesson for future juries — democratic societies require their judiciary to self-correct. Thursday’s verdict subjects some past decisions of the Supreme Court to the test of constitutional propriety and annuls the ones found wanting… The spirit of self-correction — and commitment to human dignity — are also behind the court’s decision to set aside its 2013 verdict that resuscitated Section 377. In 2009, the Delhi High Court had revoked the criminalisation of homosexuality. Criticising its earlier verdict, the court has vindicated the Delhi High Court ruling which held Section 377 to be a denial of the dignity of an individual. Now, the court’s remarks will be seen as a long-awaited course correction.