Q. Discuss about the ‘Puttaswamy Vs. Union of India’ case in detail and state why it is considered as the landmark decision in context of the Right to Privacy in India?
The Puttaswamy
v. Union of India case, formally known as Justice K.S.
Puttaswamy (Retd.) & Anr. v. Union of India & Ors., is one of
the most significant and landmark judgments in the history of constitutional
law in India. Decided by the Supreme Court of India on 24th August 2017,
this case fundamentally reshaped the discourse around the Right to
Privacy and its recognition as a fundamental right
under the Indian Constitution. Prior to this case, the debate
over the scope and existence of the right to privacy in India had been
contentious and ambiguous, with several important judgments offering
conflicting views. However, the Puttaswamy case decisively
settled the issue, affirming that the right to privacy is indeed a constitutional
right that is protected under Part III of the Constitution.
Background of the
Case
The Puttaswamy
case originated as a challenge to the Aadhaar scheme,
which was introduced by the Government of India to provide a unique identity
number to every resident of India. The Aadhaar program involved the collection
of personal biometric data (such as fingerprints and iris scans) and
demographic details, which were stored and used for various welfare schemes and
government services. Petitioners in this case, led by retired Justice K.S.
Puttaswamy, argued that the Aadhaar system posed a grave threat to the
Right to Privacy of individuals, as it involved the collection
and storage of sensitive personal information without sufficient safeguards
against misuse.
Justice
Puttaswamy, who had been a former judge of the Karnataka High Court, argued
that the Aadhaar Act violated fundamental rights, particularly
the Right to Privacy, and that the absence of robust data
protection mechanisms made the scheme prone to security breaches. The
petitioners raised the argument that the government’s ability to collect and
store such personal data amounted to an unjustified invasion of individual
privacy and a disproportionate interference with personal liberties.
In the course of
these proceedings, the Supreme Court of India expanded the
scope of the case to address the broader question of whether the Right
to Privacy was a fundamental right under the Indian Constitution. This
question had been previously debated but not definitively settled, and the case
provided an opportunity to revisit and clarify the issue.
Right to Privacy
in Indian Jurisprudence Prior to Puttaswamy
The question of
whether the Right to Privacy was a fundamental right under the
Indian Constitution had been raised in earlier judicial decisions. The issue
came into the spotlight in the Kharak Singh v. State of U.P. (1964)
case, where the Supreme Court, by a majority of 4-1, upheld the
constitutionality of a provision allowing the police to maintain surveillance
on suspected persons. In this case, the Court did not recognize privacy as a
fundamental right under the Constitution. The judgment held that Article
21, which guarantees the protection of life and personal liberty, did
not encompass the right to privacy. This view was further reinforced in the Maneka
Gandhi v. Union of India (1978) case, where the Court interpreted Article
21 to include the right to personal liberty in a broader sense but did
not explicitly mention the Right to Privacy.
It was only in the
R. Rajagopal v. State of Tamil Nadu (1994) case, also known as
the "Right to Privacy" case, that the Supreme Court made a
significant departure from its earlier stance. In this case, the Court
acknowledged that the Right to Privacy was implicitly
protected under Article 21 of the Indian Constitution, which
guarantees the Right to Life and Personal Liberty. The Court
held that an individual’s privacy was intrinsic to the right to life, and any
invasion of privacy must be justified by a legitimate government interest and
be proportionate to that aim.
However, despite
this recognition, the Right to Privacy was still not firmly
entrenched as a fundamental right until the Puttaswamy
case. While some high courts and lower courts had recognized the Right
to Privacy in specific contexts, the lack of a definitive ruling from
the Supreme Court left the issue unresolved.
The Puttaswamy
Judgment: Key Legal Issues and Ruling
The Puttaswamy
v. Union of India case was heard by a nine-judge bench
of the Supreme Court, one of the largest benches to deliberate on a
constitutional question in the history of the Indian judiciary. The central issue
before the Court was whether the Right to Privacy was a fundamental
right under the Indian Constitution, and if so, its
extent and limitations. The petitioners argued that the state’s interference
with personal data collection under the Aadhaar scheme infringed upon the
fundamental right to privacy, as it involved collecting sensitive personal
information without adequate safeguards.
The nine-judge
bench unanimously ruled that the Right to Privacy is a
fundamental right under the Indian Constitution, and
is protected as part of Article 21 (Right to Life and Personal
Liberty) and also under Article 19 (Right to Freedom of Speech
and Expression). This was a landmark decision because it reversed the earlier
position taken in the Kharak Singh case and definitively
established the Right to Privacy as a constitutional right,
marking a significant milestone in the evolution of fundamental rights in
India.
Key Highlights of
the Puttaswamy Judgment:
1.
Privacy
as an Intrinsic Part of Personal Liberty: The
Supreme Court concluded that the Right to Privacy is an
intrinsic part of the Right to Life and Personal Liberty under
Article 21 of the Constitution. The judgment emphasized that privacy
is essential for the individual’s dignity, autonomy, and freedom, and it forms
a core aspect of personal liberty.
2.
Constitutional
Basis of Privacy: The bench observed that the Right to Privacy
is implicit in the constitutional guarantees of life and liberty, even though
it is not explicitly mentioned in the text of the Constitution. The Court found
that privacy is a foundational element of personal freedom that must be
protected, and any infringement must be justified by a legal framework that is
proportionate, legitimate, and necessary.
3.
The
Right to Privacy as a Fundamental Right: The most
significant aspect of the ruling was the affirmation that the Right to
Privacy is a fundamental right under Part III
of the Constitution. It is part of the broader concept of personal
liberty, which guarantees individuals the freedom to make decisions regarding
their own lives, including intimate aspects of their private lives such as
relationships, family, marriage, procreation, and sexual orientation.
4.
Limitations
on Privacy: While recognizing the Right to Privacy,
the Court also made it clear that this right is not absolute. The right to
privacy can be restricted under specific circumstances, provided that such
restrictions are legal, necessary, and proportionate.
For example, a law that mandates the collection of biometric data under the
Aadhaar Act was held to be constitutionally valid, but the Court directed the
government to ensure that privacy protection mechanisms were in place to
prevent misuse of personal data.
5.
Impact
on Aadhaar: The judgment was particularly important for the Aadhaar
scheme, which had been challenged on the grounds that it violated
citizens' Right to Privacy. The Court ruled that while Aadhaar
as a scheme could be implemented, it must be subject to strict data protection
measures. The government was required to establish a framework that ensured the
security of biometric data and provided adequate safeguards against any form of
surveillance or misuse of personal information. The Court held that Aadhaar
should not be made mandatory for access to basic services such as mobile phone
connections or opening bank accounts.
6.
State
Surveillance and Data Protection: The Court expressed concern
about the potential for excessive state surveillance, noting that any form of
mass data collection must adhere to strict standards to protect individual
privacy. The ruling called for the establishment of a data protection
law to govern the collection, storage, and use of personal data by
both the state and private entities.
7.
Individual
Autonomy and Dignity: The Supreme Court emphasized that privacy is closely
tied to the individual's autonomy and dignity.
It noted that a person’s ability to make decisions about their own life, body,
and personal space is fundamental to their sense of self-worth and respect. The
judgment stressed that privacy empowers individuals to determine the course of
their personal lives without undue interference from the state or others.
Why the
Puttaswamy Judgment is Considered a Landmark Decision
The Puttaswamy
v. Union of India case is considered a landmark decision for several
reasons:
1. Recognition of
Privacy as a Fundamental Right:
The case finally
settled the question of whether the Right to Privacy is a
fundamental right. By ruling that it is, the Court placed privacy on the same
pedestal as other basic freedoms such as freedom of speech, freedom
of religion, and the right to equality. This elevated
privacy to a status that guarantees it protection from arbitrary state
interference.
2. Clear
Definition and Parameters:
The judgment
provided a detailed and clear framework regarding the scope of the Right
to Privacy. It defined privacy in a way that includes the protection
of personal autonomy, family life, sexual
orientation, and informational privacy. This helped
clarify the scope of the right, and its limitations, in modern times,
particularly in the context of new technologies like data collection and
surveillance.
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