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For Clarifying the Privacy Question

A constitution bench of the Supreme Court, today will decide whether privacy of an individual is a basic human right as part of the basic structure of the Constitution.

The nine-judge bench was constituted after many petitions were filed against the central governments Aadhar scheme on its violation of privacy by taking an individuals biometric data.

Right to privacy is part of Article 21 of the constitution, the petitioners argued.

Earlier Precedent on Privacy
Two earlier judgements of the SC - the M.P. Sharma verdict in 1950 and the Kharak Singh verdict in 1962 - had stated that privacy is neither a Fundamental Right nor a guaranteed right. These two judgements were pronounced by larger benches of the SC – five and six.

Over the years many smaller two judges bench have proclaimed that privacy is part of the basic structure of the constitution and is a fundamental right. But, verdict of larger benches prevailed so far.

Now, the decision by a much bigger bench of nine judges will once and for all decide whether privacy is a fundamental right.

Chief Justice of India Chelameswar said that, before going into the legality of Aadhar scheme of the government, privacy as a part of constitution need to be clarified. That is why the SC constituted a larger bench. He further said that, right to privacy as a fundamental right need not be confined to a single article of the constitution but can be interpreted from many articles.

The petitioners have also stated before the apex court that the UN Human Rights Declaration has made privacy an inalienable human right.

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