Background of the Case: Justice K. S. Puttaswamy (Retd.) v. Union of India, commonly known as the “Right to Privacy” case, is a landmark case that dealt with the constitutional validity of the right to privacy in India. The case arose from a batch of petitions challenging the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016, which mandated the collection of biometric and demographic data from residents of India for the issuance of Aadhaar cards.
Key Issues Raised:
Whether the right to privacy is a fundamental right protected under the Indian Constitution, particularly under Article 21 (Right to Life and Personal Liberty)?
Whether the Aadhaar Act violated the right to privacy by collecting biometric and demographic information from individuals without adequate safeguards against misuse or infringement of privacy?
Whether the government’s collection and use of biometric data under Aadhaar constituted a disproportionate invasion of privacy and violated the principles of proportionality and reasonableness?
Arguments from Both Sides:
Petitioners (including Justice K. S. Puttaswamy): They argued that the right to privacy was an inherent and inalienable aspect of individual liberty and dignity, and therefore, it should be recognized as a fundamental right under the Indian Constitution. They contended that the Aadhaar Act infringed upon privacy rights by mandating the collection of sensitive personal information without sufficient safeguards against misuse.
Union of India (Respondent): The government argued that the right to privacy was not explicitly enumerated as a fundamental right under the Constitution and that any restrictions on privacy rights were justified in the interest of national security, preventing identity fraud, and ensuring efficient delivery of welfare benefits through Aadhaar.
Judgement: In August 2017, a nine-judge bench of the Supreme Court of India unanimously delivered its judgement in Justice K. S. Puttaswamy (Retd.) v. Union of India, affirming the right to privacy as a fundamental right protected under Article 21 of the Indian Constitution. The court held that privacy was intrinsic to the right to life and personal liberty and was essential for the exercise of other fundamental freedoms.
The court emphasized that privacy included the right to autonomy, dignity, and informational self-determination, and it extended to both physical and informational privacy. While recognizing the importance of Aadhaar for efficient governance and delivery of services, the court ruled that any infringement of privacy rights must meet the tests of legality, necessity, and proportionality.
Significance: The judgement in the Justice K. S. Puttaswamy (Retd.) v. Union of India case is a landmark moment in Indian constitutional law, reaffirming the right to privacy as a fundamental right and providing a strong foundation for the protection of individual freedoms and liberties in the digital age. The decision has significant implications for government policies and programs, particularly those involving the collection and use of personal data. It underscores the importance of balancing privacy rights with legitimate state interests and sets the precedent for future cases involving privacy issues in India.
