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The Supreme Court on Thursday unanimously ruled that privacy is a fundamental right under the Indian Constitution. The bench ruled that privacy is intrinsic to freedom of life and personal liberty guaranteed under Article 21 of the Constitution.
The bench, headed by Chief Justice of India J S Khehar, comprised of Justices J Chelameswar, S A Bobde, R K Agrawal, R F Nariman, A M Sapre, D Y Chandrachud, S K Kaul and S Abdul Nazeer. The apex court overruled the previous two judgments in the M P Sharma and Kharak Singh cases, which had ruled that the right to privacy was not protected by the Constitution.
The question about right to privacy was first raised before a bench which was hearing a clutch of petitions challenging the Centre’s move to make Aadhaar mandatory to benefit from social and welfare schemes. Read | Supreme Court live updates: Unanimous ruling by nine-judge bench says privacy is a fundamental right
Here are reactions on the bench’s ruling
Rahul Gandhi: The Congress vice-president says, “Welcome the SC verdict upholding #RightToPrivacy as an intrinsic part of individual’s liberty, freedom & dignity. A victory for every Indian. SC decision marks a major blow to fascist forces. A sound rejection of the BJP’s ideology of suppression through surveillance.”
Sonia Gandhi: SC judgment on ‘Fundamental RightToPrivacy’ heralds a new era for individual rights, personal liberty & human dignity. It strikes a blow on the unbridled encroachment & surveillance by the state & its agencies in the life of the common man.
Ravi Shankar Prasad: Govt welcomes SC order on Right To Privacy. SC has affirmed what government had said in Parliament while moving Aadhaar Bill. SC has affirmed what government had said in Parliament while moving Aadhaar Bill. Privacy should be a Fundamental Right subject to reasonable restrictions.
Mamata Banerjee: We welcome this verdict by Honourable Supreme Court Right to Privacy is a Fundamental Right
Jay Panda: BJD MP talking to ANI said, “Have been writing on need for privacy & data protection; introduced bill in Lok Sabha. Welcome judgement.”
Kamal Haasan: The Tamil Superstar tweeted, “SC upholds the right to privacy Nothing vague or amorphous about it. People thank the Honourable Judges. These are moments that make India.”
R. Chandrashkehar: One of the petitioners in the case, he said, “Glad. As the world moves towards digitisation citizens must have rights against misue of information,” as reported by ANI.
Vickram Crishna: Another petitioner and board member at SFLC said, “This unequivocally puts to rest any further attempts to create mechanisms for intrusion into the personal lives of people in India. Very importantly, it trashes the state position that the poverty stricken portion of the population is less than human, and unable to appreciate or deserve freedom and liberty, the position that has been repeatedly cited in defence of inefficient and incompetent governance.”
Mishi Choudhary: President and legal director of Software Freedom Law Centre and a petitioner in the case said, “This is a milestone in a large history across the world on understanding of the right to privacy. The largest democracy in the world has now spoken on the question which we all face because 20th century constitutions, let alone earlier constitutions did not tend to speak of right to privacy and they certainly didn’t speak of it in terms which allowed its application to the needs of human beings in the 21st century networked society. Indian SC has taken an enormous step which is going to be looked upon by societies of law around the world with enormous importance.”
Jyotiraditya Scindia: The Member of Parliament from Madhya Pradesh said, “Welcome unanimous verdict from 9-judge bench declaring #righttoprivacy a fundamental right. Truly a victorious week for India – upholding liberty, dignity and freedom for all.”
Arvind Kejriwal: AAP leader and Delhi Chief Minister on Twitter said, “Thank u SC for this v important judgement”
Omar Abdullah: “I have a right to privacy & it’s a fundamental one. Yeyy,” former chief minister of Jammu and Kashmir tweeted.
Salman Khurshid: Taking to Twitter, the Supreme Court Senior Advocate said, “Privacy Fundamental Right has far reaching implications 4 our democracy. Celebrate the defeat of forces that wish to intrude in our lives. Hope cheer leaders remember the govt aggressively opposed Privacy Right before Court. Shall await ministers congratulating the PM for this.”
P. Chidambaram: “Privacy is a fundamental right. The freedom that was won in 1947 has been enriched and enlarged. Privacy is the core of personal liberty. Article 21 has acquired a new magnificence,” former Finance Minister and Congress leader tweeted. Addressing a press conference he said, “It is the interpretation of this government of the Article 21 which is an invasion of Right To Privacy. No fault in the Aadhar concept, there is fault in how this government plans to use or misuse Aadhar as a tool.”
Thathagata Satpathy: The Odisha MP said, “I adore the strength of this nation. Viva India”.
Subramanian Swamy: The BJP leader said, “Welcome the SC judgment that Right to Privacy is a fundamental Right under Article 21 of the Constitution. Now onto Aadhar modification. PTs note that today SC 9 Bench undid the 1962 8 judge Bench Nehru time decision, holding Privacy as only an ordinary Right”
Randeep Surjewala: Congress spokesperson said, “Path breaking & seminal judgement of Supreme Court declares ‘Privacy’ as fundamental right. A great victory for liberty & freedom. S.C rejects Modi Govt’s attempt to whittle down the right to privacy as a fundamental right by AG’s plea of no mention in Constitution.”
Sitaram Yechury: Taking to Twitter CPI (M) leader said, “Congratulations to all lawyers, activists, others who fought this govt’s sinister designs to deny Indians their fundamental right to privacy. A far-reaching judgement which will have consequences in various domains, as technology is playing a greater role in our day-to-day lives. We have been opposed to mandatory Aadhaar, data misuse by foreign tech corporates. This judgement will pave the way for securing our rights.”
Prashant Bhushan: One of the lawyers party in the case, told the reporters”The judgment doesn’t say anything about the right of citizens to share bio-metric details for Aadhar. The nine-judge bench held that right to privacy is a fundamental right. Any law which is made to restrict this fundamental right will have to be examined keeping Article 21 in mind. For example, if the government tomorrow says that your Aadhar card will be required for your travel and income tax filings, that in my view are reasonable restrictions. It is a setback to the government as they said right to privacy is not wholly qualified right.”
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