The Supreme Court unanimously observed that the right to privacy is a right under Article 21 of the Constitution and is absolute in nature, it cannot be suspended even during emergency. While declaring the right to life to be a fundamental right, the various judges also observed that the government has no right to dictate what a person can eat or wear. They also observed that the right to privacy covers all aspects of human life and relations including their sexual orientation.
The judgement will have an effect on other legal issues like decriminalizing homosexuality under Section 377 of the Indian Penal Code, 1860, linking of aadhaar cards and making them mandatory, the government control over what is published over social media as well as the DNA profiling bill.
By covering sexual orientation in the purview of privacy, the Court has laid down the foundation for decriminalizing homosexuality and sought to protect the rights of the LGBT community. The Court observed that the issue of making aadhaar card mandatory which involves taking finger print and retina scan of individuals, will be taken over by another bench. Critics of aadhaar card have observed that by keeping a person's information in the digital database makes it vulnerable to be leaked by a cyber attack. Freedom over the social media is covered under freedom of speech under Article 19(1)(a) and is subject to restrictions under Article 19(2) but how much can the government read those posts will be judged by the rulings of the instant case. The DNA profiling Bill,2017, seeks to establish a DNA bank where the samples from criminals, unclaimed dead bodies, volunteers will be kept. The Bill seeks to help tracing of missing persons easy but it can encroach upon a person's privacy by keeping all his information in the government database. By covering a person's food habits, the present judgement hits at the government's beef ban.
While the order has to be lauded as a need of the hour to protect the citizens from intrusions in their private life, by making the right absolute, it can hinder the intelligence agencies seeking to control terrorist activities or anti national activities. Still, it is an important step towards protecting citizens from government scrutiny over their private life and choices.
The judgement will have an effect on other legal issues like decriminalizing homosexuality under Section 377 of the Indian Penal Code, 1860, linking of aadhaar cards and making them mandatory, the government control over what is published over social media as well as the DNA profiling bill.
By covering sexual orientation in the purview of privacy, the Court has laid down the foundation for decriminalizing homosexuality and sought to protect the rights of the LGBT community. The Court observed that the issue of making aadhaar card mandatory which involves taking finger print and retina scan of individuals, will be taken over by another bench. Critics of aadhaar card have observed that by keeping a person's information in the digital database makes it vulnerable to be leaked by a cyber attack. Freedom over the social media is covered under freedom of speech under Article 19(1)(a) and is subject to restrictions under Article 19(2) but how much can the government read those posts will be judged by the rulings of the instant case. The DNA profiling Bill,2017, seeks to establish a DNA bank where the samples from criminals, unclaimed dead bodies, volunteers will be kept. The Bill seeks to help tracing of missing persons easy but it can encroach upon a person's privacy by keeping all his information in the government database. By covering a person's food habits, the present judgement hits at the government's beef ban.
While the order has to be lauded as a need of the hour to protect the citizens from intrusions in their private life, by making the right absolute, it can hinder the intelligence agencies seeking to control terrorist activities or anti national activities. Still, it is an important step towards protecting citizens from government scrutiny over their private life and choices.
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