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  • Category: Miscellaneous

    Right to privacy is a fundamental right now.

    Government of India had made Aadhar quoting or linking to almost all the welfare schemes and other extraneous purpose like linking Aadhar to PAN, bank account and mobile linking. All these were poising security threat and Aadhar data theft. Which may lead to havoc in the individual's life. This was challenged in Supreme court. Yesterday a nine judge bench has upheld the "Right to privacy as fundamental right". Now govt. can not force for all those things. You are requested to express your opinion on the subject and what will be the implication of this SC decision.
  • #606945
    It is a big set back to government. Even though the concept of Aadhaar has come in Congress rule, the present government is trying to push this Aadhaar identity for all purposes like linking Aadhaar to PAN, bank account and mobile linking so on and so forth. Now anybody can deny this with the basis of SC judgement. But as far as I know Right of privacy is not included in fundamental rights. But now it has become a right to us. We have to wait and see what the government's reaction to this. Are they going to bring in any ordinance in this respect? No guess for me.
    drrao
    always confident

  • #606958
    Welcoming the Hon'ble Court's judgement I humbly feel that this judgement would have come a little earlier. Now majority of people have followed the directions of the Govt.and attached the Aadhar with most of the financial activities including linking with PAN. That means majorities biometric data are with different agencies including banks, private as well as Nationalised. Now where is privacy?
    T.M.Sankaran
    Gold Member ISC

  • #606959
    This is definitely a verdict which will have far reaching consequences.

    The pushing of Aadhar card was successful to quite good extent. It is unfortunate that Govt is sometimes bogged down by its own procedures and processes. Another thing is when we are devising new instruments of identity like Aadhar we must quash some of the old cards like ration card, voter card etc so that the new card replaces them and gets cognizance at all the levels of society.

    We are simply going on to increase the number of cards for the same individual.

    Now with the privacy right accepted by court how Govt is going to tackle such issues of national importance like unified card for everything and other similiar ones.

    Knowledge is power.

  • #607058

    The above judgement is just a beginning for a series of judgements to follow. This judgement was after government submission that right to privacy must be made part of fundamental right under article 21. The interesting submission in this case was made by justice Chandra chaud who overruled the controversial 1976 SC verdict which made Article 21 null and void in which his father was one among the judge. He interestingly used harsh words against his own father's point of view. Though it was an unanimous judgements each judge has varied in their judgement. The court is yet to pronounce its Aadhar verdict which will define the privacy in this judgement. During that case SC will answer questions like.
    1. What is the limit between public and private. What information about an individual must be in public domain and what must not.
    2. What type of law can violate privacy. What are the reasonable restrictions to right to privacy?.
    3. Right to privacy is invoked under article 21 . But Article 19 too has very much barring to privacy. What happens to article 19 which has trade related aspects of privacy is under debate.
    Etc.
    This is just the beginning of debate. This judgement is historic for opening a debate on one the issue which will be hotly debated in future in cyber era. The judgement is natural cumination of government arguments.


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