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 vs. Union of India case is a landmark decision in the context
of the Right to Privacy in India, marking a monumental shift in the
legal understanding and recognition of privacy as a fundamental right. This
judgment, delivered by a nine-judge bench of the Supreme Court of India
on August 24, 2017, unequivocally declared that the Right to Privacy
is a fundamental right under the Constitution of India. The case is
often regarded as a watershed moment in the protection of individual liberties
and rights in India, as it fundamentally altered the interpretation of privacy
in Indian jurisprudence.
The
Puttaswamy case arose from the constitutional challenge to the Aadhaar
Scheme, a biometric-based identification system launched by the Government
of India in 2009. The Aadhaar project aimed to provide a unique identification
number to every resident in India by collecting biometric and demographic data
to ensure better service delivery. However, concerns were raised regarding the
collection of personal data and its implications for individuals' privacy.
In
2012, retired Justice K.S. Puttaswamy, a former judge of the Karnataka
High Court, filed a petition challenging the Aadhaar project, arguing that the
collection of biometric and demographic data violated citizens' fundamental
right to privacy. The petitioners contended that the Aadhaar project was
unconstitutional because it infringed upon the Right to Privacy, which was not
explicitly recognized as a fundamental right under the Indian Constitution at
that time.
The
main issue in the case was whether the Right to Privacy could be
considered a fundamental right under Part III of the Constitution, which
guarantees various fundamental rights to individuals, including the rights to life,
liberty, and personal freedom under Article 21.
Procedural
History
The
case was initially filed in the Delhi High Court, which referred the
matter to the Supreme Court of India due to the significant
constitutional questions it raised. The case was consolidated with several
petitions that challenged the Aadhaar scheme and the constitutional
validity of provisions relating to it. During the hearings, the petitioners
argued that the collection of personal data under the Aadhaar scheme was
intrusive and violated the right to privacy, and that the government had failed
to demonstrate the need for such a measure.
Initially,
the Supreme Court did not directly address the constitutional question
regarding the Right to Privacy, focusing more on the Aadhaar project and
its potential implications for privacy and data protection. However, the larger
issue of whether the Right to Privacy should be recognized as a fundamental
right in India remained unresolved.
The
Puttaswamy case took a decisive turn when, on July 16, 2017, a
nine-judge bench of the Supreme Court of India was constituted to hear the
constitutional question regarding the Right to Privacy. The case was placed
before this larger bench to determine whether privacy was a fundamental
right under the Constitution of India.
Legal
and Constitutional Questions Raised
The
central legal issue that the Puttaswamy case addressed was whether privacy
could be considered a fundamental right within the framework of the
Indian Constitution, particularly under Article 21, which guarantees the
Right to Life and Personal Liberty. The petitioners argued that the
Right to Privacy was an integral part of personal liberty and dignity, which
was protected under Article 21.
The
government, on the other hand, argued that privacy was not a fundamental right
and that the Right to Privacy was a matter of legislative policy rather
than a constitutional right. The government also contended that individual
privacy must be balanced with national security concerns and that the state had
the authority to legislate on issues related to privacy in the interest of
public welfare.
The question of privacy had been considered in previous Supreme Court decisions, but the issue was not conclusively settled in those cases. In particular, in the M.P. Sharma vs. Satish Chandra case (1954) and the Kharak Singh vs. State of U.P. case (1963), the Supreme Court had held that the Right to Privacy was not explicitly protected under the Constitution.
However,
these decisions were based on the prevailing legal framework at the time, and
as societal and technological changes evolved, the right to privacy became
increasingly important in the context of the modern state.
The
Judgment: Declaration of Privacy as a Fundamental Right
On
August 24, 2017, the Supreme Court delivered its judgment in the
Puttaswamy case. The nine-judge bench, in a unanimous ruling, held that the
Right to Privacy is a fundamental right protected by the Indian
Constitution under Article 21. The judgment was based on a
comprehensive analysis of constitutional history, principles of individual
liberty, and the evolving understanding of privacy in modern society.
The
Court referred to several constitutional provisions, international precedents,
and earlier judgments to establish that privacy was an intrinsic part of personal
liberty under Article 21, which guarantees the right to life and personal
freedom. The Court stated that privacy is essential for the individual
autonomy and dignity of every person and that the protection of
privacy is a necessary condition for the freedom of expression, freedom of
thought, and the right to make personal choices.
The
Court also observed that the recognition of privacy as a fundamental right was
not merely about protecting personal space but also concerned the protection of
individuals' informational autonomy—the right to control their personal
data, identity, and information.
The
judgment explicitly referred to the Universal Declaration of Human Rights
(UDHR) and the International Covenant on Civil and Political Rights
(ICCPR), which recognize privacy as a fundamental human right. It also
examined the judicial approaches in other democratic countries, including United
States, Germany, and Canada, where privacy had been
recognized as a cornerstone of individual liberty and democratic freedoms.
The
Court held that the Right to Privacy was not an absolute right and could
be subject to reasonable restrictions in certain circumstances. These
restrictions, the Court emphasized, must pass the proportionality test—they
must be necessary, legitimate, and narrowly tailored to achieve a specific
objective, such as national security, public order, or the protection of public
health. The Court laid down the principle that any infringement on the right to
privacy would have to be justified by a compelling state interest and must be
backed by a clear legal framework.
Key
Observations and Findings
The
Puttaswamy judgment made several critical observations:
1.
Privacy and
Dignity: The Court emphasized that privacy
is integral to the dignity and autonomy of an individual. It is a
foundational right that enables individuals to control their personal
information, make personal decisions, and protect their freedom from
unwarranted state interference.
2.
Right to
Privacy and Fundamental Rights:
The Court concluded that the Right to Privacy is a fundamental right
under Article 21 of the Indian Constitution. It is also protected under
the right to equality (Article 14) and freedom of speech and
expression (Article 19).
3.
Historical
Evolution of Privacy: The judgment traced the evolution
of privacy protection in various legal systems and pointed out that privacy has
always been a core value in democratic societies. The Court recognized
that the evolution of technology and the advent of surveillance systems made
privacy an even more pressing issue.
4.
Limits on
Privacy: While recognizing privacy as a
fundamental right, the Court noted that privacy could be subject to reasonable
restrictions. It stated that the state could restrict the right to privacy
for legitimate reasons such as national security, criminal investigation, or
public health, but these restrictions must meet a strict scrutiny standard
and must be proportional to the objective being pursued.
5.
Aadhaar and
Privacy: The Court in this case did not
directly rule on the validity of the Aadhaar scheme but recognized that privacy
concerns raised by the project needed to be considered in a broader context.
The judgment implied that the collection and processing of personal data under
Aadhaar must meet strict privacy standards and must not violate citizens'
fundamental rights.
6.
Informational
Privacy: A major aspect of the judgment was
its recognition of informational privacy—the right to control one's
personal data. The Court acknowledged the importance of safeguarding
individuals' personal information from unauthorized use, particularly in the
digital age, where data has become a critical commodity.
Significance
of the Judgment
The
Puttaswamy case is considered a landmark decision for several
reasons:
1.
Recognition
of Privacy as a Fundamental Right:
The case marked a definitive shift in Indian jurisprudence by establishing the Right
to Privacy as a constitutional right under the Right to Life and
Personal Liberty (Article 21). This decision fundamentally altered the
legal landscape and provided citizens with a new legal tool to protect their
personal privacy from state and non-state actors.
2.
Limitations
on State Power: By recognizing privacy as a
fundamental right, the judgment put in place a significant check on the power
of the state to infringe upon individuals' privacy. It ensured that any
governmental measure that infringed upon privacy would have to undergo strict
judicial scrutiny.
3.
Informed
Debate on Technology and Privacy:
The judgment raised important questions about the relationship between
technology, surveillance, and individual rights. It set the stage for the
ongoing debate on data protection and cyber privacy, especially
in the context of the growing use of biometric data and big data
technologies.
4.
Impact on
Legislative Action: The ruling had a direct impact on
the Aadhaar case, as it provided a constitutional framework to evaluate
the Aadhaar scheme's legality. The judgment also set the stage for the
enactment of data protection laws in India, leading to the introduction
of the Personal Data Protection Bill, 2019, which seeks to regulate the
collection, storage, and use of personal data by entities in India.
5.
Global
Impact: The recognition of privacy as a
fundamental right in India is a significant development in global human rights
discourse. It aligns India with other democratic nations that recognize privacy
as essential to human dignity and freedom. It also provides a model for
countries grappling with the challenges posed by technological advancements and
the collection of personal data.
Conclusion
The Puttaswamy vs. Union of India case stands as a defining moment in the recognition of the Right to Privacy as a fundamental right in India. The judgment has profound implications not only for privacy protection but also for the larger framework of individual rights and freedoms. The Supreme Court's declaration that privacy is an inherent part of human dignity and autonomy, protected under the Constitution, has reshaped the legal landscape in India. It has empowered individuals to assert their right to privacy against invasive state measures and private sector practices, thereby strengthening the constitutional fabric of India. The case also paves the way
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