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SC Set the Ball Rolling on Privacy Issue

The Supreme Courts nine-judge bench, led by Chief Justice of India J.S. Khehar, had set the ball rolling on the question of whether Privacy is a fundamental right.

In its first hearing, the apex court observed that right to privacy is not an absolute right and State cannot be prevented from making laws that impose reasonable restrictions on its citizens by this right.

It further observed that, to recognize privacy as a right it is to be first defined. But, the Court said it would be impossible to define privacy as it is perceived in every fundamental right enshrined in the constitution.

One of the member of the bench, Justice Chandrachud said that attempting to define the right to privacy and what all it constitutes would cause more harm than good.

The government on its part had already stated to the SC that right to privacy is a common law and the makers of Constitution had consciously avoided making this right a fundamental right.

The petitioners who were challenging the Aadhar law of the government stated that right to privacy is a fundamental right and is non-negotiable. But, the court had posed a question to them stating that with the advent of technology people are putting themselves in the public realm, thereby arent they surrendering their privacy?

The petitioners also argued for data protection as a part of right to privacy in light of government collecting biometric data of citizens.

The Court stated that, there is no link between right to privacy and data protection, but instead advocated for strengthening of statutory provisions for data protection.

Once the entire hearing is done by the SC, the judgement it gives defines the future of Aadhar which the government is pushing on the citizens in a big way.

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