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Home » Blog » 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?

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, decided by the Supreme Court of India in 2017, is a landmark decision that significantly shaped the discourse around the Right to Privacy in India.

Background of the Case

The case arose when K.S. Puttaswamy, a retired High Court judge, filed a petition challenging the constitutional validity of the Aadhaar Act, which mandated the collection of biometric data of Indian citizens for various governmental services and welfare schemes. The petitioner argued that this mandatory collection of personal data violated the right to privacy, which he claimed was inherent in the fundamental right to life and liberty under Article 21 of the Constitution.

Legal Journey

  1. Initial Hearings: The case was initially heard by a five-judge bench of the Supreme Court. As the arguments progressed, the court recognized the need to address the larger question of whether the Right to Privacy was a fundamental right under the Indian Constitution.
  2. Constitutional Bench: In July 2017, the Supreme Court referred the matter to a nine-judge constitutional bench to determine the status of the Right to Privacy.

Supreme Court Judgment

On August 24, 2017, the Supreme Court delivered a unanimous verdict affirming that the Right to Privacy is a fundamental right under the Constitution. The court held that:

  • Historical Context: The right to privacy has been recognized in various judgments over the years but was never explicitly stated as a fundamental right.
  • Link to Fundamental Rights: The court emphasized that privacy is essential for the exercise of other fundamental rights, including the rights to free speech and expression, dignity, and personal autonomy.
  • Impact on Legislative Action: The ruling highlighted that any encroachment on the right to privacy would require a valid law, proportionality, and justification in the interest of society.

Significance of the Decision

  1. Recognition of Privacy: The decision formally established the Right to Privacy as a fundamental right, providing a constitutional safeguard against arbitrary state action and violations by private entities.
  2. Framework for Data Protection: The ruling underscored the necessity for a robust data protection framework, influencing subsequent discussions and developments regarding privacy and data protection laws in India.
  3. Impact on Aadhaar: While the court’s decision on the Aadhaar Act was reserved for later, the acknowledgment of privacy raised questions about the constitutionality of mandatory biometric data collection and its implications on individual autonomy.
  4. Broader Implications: The decision has far-reaching implications for various sectors, including technology, health, and surveillance, emphasizing the need for respect for privacy rights in an increasingly digitized world.

Conclusion

The Puttaswamy vs. Union of India case is considered a landmark decision as it not only recognized the Right to Privacy as a fundamental right but also laid down essential principles for privacy protection in India. It marked a significant shift in the legal landscape, prompting the need for comprehensive privacy legislation and influencing the discourse around individual rights in the context of state power and technology.

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