What Is Supreme Court’s Right To Privacy?

What Is Supreme Court's Right to Privacy
What Is Supreme Court's Right to Privacy

SC (Supreme Court), with its ground breaking decision, hogged the spotlight yet another time. And, the light reflects a positive shine this time! Granting us “The Right to Privacy”, SC opened a can of worms to the current Prime Minister of India. This issue, though solves a load of controversial issues, might be exasperating to deal with. The process won’t be momentary either. Do you know know what is supreme courts right to privacy?

We always strive for a change – change in us, change in the society. But, once it happens, once the tables turn, how long will it take before we settle down? If it relates to one person, it would be helluva easier.

What Is Supreme Courts Right to Privacy?

What Is Supreme Courts Right to Privacy


The Right to Privacy is what it reads. To make sure that no Government or third-party private organizations can butt into an individual’s life or way of living, this right is formulated. More than 150 National constitutions contain this right. August 24, 2017, marked a novel day in the History of India. It bookmarks the birth of all our privacies, my fellow Indians.

It offers us a boundary in which we can store OUR items, like –

  1. Our bodies
  2. Our homes
  3. Thoughts and feelings
  4. Psst… Our secrets
  5. Properties and Land issues, if any
  6. Our Identity

It corroborates the fact that we can share our issues with those of our own choice. No third-party, other than the ones you approved, would know about you and your dealings in your life.

Supreme Court brings the change

Led by Chief Justice JS Khekhar, a nine-judge bench of SC approved to IMPLICITLY include “Privacy” under the Fundamental rights because not all information can be kept hidden. So, this right entails a few restrictions.

What Is Supreme Courts Right to Privacy

This right sprung to life under the right to life and liberty, guaranteed by Article 21 of the constitution. Thus, it opens a hollow where lives can be lived with the right to dignity.

What will happen to Aadhar Card?

Nothing. The Aadhar Act will not be effected due to the installation of this new fundamental right. As it is, it would be required as a National and personal identification card. Right to privacy will come to effect mostly in court cases that essentially require Aadhar, shortly known as, the Aadhar hearings.

What Is Supreme Courts Right to Privacy

Wherever we have used our Aadhar number till date, the change shall remain irreparable. The government can only control its usage in the following days – the future – where the implementation of Privacy act is inevitable.

Justice Chelameswar quoted as follows –

Privacy Act includes the following 3 aspects:

  1. Repose – Freedom from unwanted legal rights
  2. Sanctuary – Protection against intrusion into one’s life and
  3. Intimate decision – Respecting and accepting the life choices of a person 

What Is Supreme Courts Right to Privacy


Problems we could have faced and would face

Aadhar card was implemented as a means on National security where our personal details were left open. We weren’t given any kind of verification or assurance that our data would remain entirely confidential. Another vague point that’s been left out of scope is –

we definitely wouldn’t know even if our personal info is accessed by third parties or leaked by trusted credentials.

What Is Supreme Courts Right to Privacy

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The Right to Privacy eliminates these issues once and for all. Yet, it brings about another new problem – National security. Terrorists could move freely claiming this right or even worse – Indians who are swayed by the threads of Betrayal towards their country can exercise this right and bring about the downfall of our India’s stand.

Privacy and Section 377 Litigation

What Is Supreme Courts Right to Privacy

Homosexuality might become legalized, finally! There wouldn’t be any riots under this issue. One’s sexual orientation is entirely up to that person alone. Not his/her family or the society can point a finger at them for being gay or lesbian or transgender. Discrimination based on sexual orientation is a breach of Right to dignity under the Article 21 of our constitution. Now, under the Privacy Act, one can file a lawsuit against those who wish to physically or emotionally assault people belonging to LGBTQI community.

Read more about it – Here!

Privacy and Public Display Affection (PDA)

At times, news channels play reels in which couples are kissing are walking together, rather affectionately. India, being India and her people, still being the same old grandparents, criticize these displays of public affection. This right screams that Privacy is attached to the person and not the individual’s role in society.

What Is Supreme Courts Right to Privacy

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Now, young couples can walk together, holding their hands, in public. And yet, there are limitations. Getting intimate with one’s partner in public is indecent. One should understand one’s limits and go ahead with their life.

Heterosexual couples or homosexual couples will not be harassed anymore, according to this right.

In regard to women and gender equality

Females still face one too many issues every single day. A few problems that this right deals with and solves are –

  1. Marital rapes
  2. Inclusion of personal privacy in the Privacy of Marriages
  3. Right to her own body
  4. Right to end the foetus growing in her womb, albeit, with a few restrictions

What Is Supreme Courts Right to Privacy

Marital rapes or in general, any kind of rape, might lead us to a possibility – the victim turning pregnant. India has laws against the girl choosing to abort the rapist’s child. She should bear the child and birth him and nurse him to health. All the while suffering again and again virtually, at the hands of her rapist. This right will open doors to abortion of a child conceived by pure force. The decision lies with the victim alone.

Anti abortion laws are against the Human rights of a woman, not just her fundamental rights.

What Is Supreme Courts Right to Privacy

Ensuring Data Protection
  • Data protection regime – India is trying to adopt the regime policies of EU or the US, for starters and work from there. This shall promote the storage of sensitive information of an individual, thus allowing national security.
  • Data sharing takes place between Indian companies and their counterparts in other countries. The sharing of data will absolutely stay within the boundaries operated by the two companies.
  • The fervor of this act turned heads towards the Aadhar Act, which will now have a three-judge bench instead of the usual five-judge bench. Only time will tell the effect of Privacy Act on Aadhar Act.

What Is Supreme Courts Right to Privacy

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Now Since You Know What Is Supreme Courts Right To Privacy, What are your views about this act coming to life? Let us know in the comments below!