Legal experts welcome SC verdict on privacy

New Delhi, Aug 24:  

The landmark verdict of the Supreme Court declaring Right to Privacy as a fundamental right was today welcomed by jurists and senior advocates who termed it as “progressive” and it was “a basic right“.

They, however, said the verdict’s impact on Aadhaar scheme can be assessed once the full judgment and reasons given by the court are examined.

Lauding the unanimous verdict of the nine-judge bench, senior advocate Soli Sorabjee said it showed the “good approach” of the Supreme Court which does not hesitate in over-ruling its previous judgments.

The former Attorney General said “it is a very progressive judgment and protects the fundamental rights of the people. Privacy is a basic right which is inherent in every individual.”

“The unanimity of the bench in giving this decision shows a very good approach of the Supreme Court. Any judgment which enlarges the fundamental rights of the people should be welcome,” he added.

Expressing hope that the citizens of India would now be protected from any kind of snooping, senior advocate Indira Jaising said, “It is a day to celebrate.”

“Privacy is fundamental. It certainly has an impact on the day—to—day life. This verdict prevents any kind of snooping,” she said.

On being asked about its impact on Aadhaar, Sorabjee said the reasoning of the apex court needs to be examined and one cannot say that Aadhaar will now be banned.

“You cannot make a blanket and categorical statement that Aadhaar will be banned or is unconstitutional. No fundamental right is absolute. It is always subject to reasonable restrictions,” Sorabjee said.

Jaising too said what impact it will have on Aadhaar was a separate issue but privacy cannot be compromised after this verdict.

Welcoming the decision, BJP spokesperson and senior advocate Aman Sinha, termed it a “good verdict” but with reasonable restrictions.

“We welcome this judgment. This is a good verdict. The Supreme Court has declared the Right to Privacy under Article 21 of the Constitution. But like other Fundamental Rights, this is also subject to reasonable restrictions. We are awaiting the full judgment,” Sinha said.

In a decision that will affect the lives of all Indians, the Supreme Court today unanimously declared that the right to privacy was a Fundamental right under the Constitution.

A nine—judge constitution bench headed by Chief Justice J S Khehar ruled that “right to privacy is an intrinsic part of Right to Life and Personal Liberty under Article 21 and entire Part III of the Constitution”.

(This article was published on August 24, 2017)

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