SC Declares Privacy A Fundamental Right: Here's What It Means To Students

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[{"type":"txt","id":"rich_1503564555627","data":"Before we begin, I would like to take this opportunity to remind everyone that the government's line of argument for this case was that Indians did not deserve Privacy as a fundamental right. A point one must remember when the next elections roll by, because I would be much more secure to vote in a government that takes the privacy of its citizens seriously than one that went to court with that ridiculous argument, only to have it struck down 9-0 because all of the judges found the government's line of argument absurd and senseless. <\/p>A couple of weeks ago, we ran a story called 'Students, Just Like Everyone Else, Deserve Privacy', which you can read by <a href=\"https:\/\/www.stumagz.com\/students-just-like-everyone-else-deserve-privacy\/\" target=\"_blank\">clicking here.<\/a> The article finished with a hopeful statement wishing for the Supreme Court to stand up for the rights of us common citizens and I'm happy to report that of the 9 judges that sat the panel, all 9 of them decided in favour of declaring privacy a fundamental right over the government's argument that it was not so. <\/p>"},{"type":"img","id":"img-uid-1503566700095","data":"599eab6dd7669"},{"type":"txt","id":"rich_1503566703046","data":"While this is indeed a landmark judgement, and in the same week of Triple Talaq being declared illegal, the time for celebration and rejoicing has to take a backseat at the moment, for the battle has been won but the war is far from over. As students who will go on to become productive members of our society, it is important for you to know what exactly the right to privacy entails and how it affects you, as well as knowing how much of the battle is left. So without further ado, let us talk about the things you need to know. <\/p>1. The Mandatory Aadhar Fight Is Far From Over: <\/b><\/p>While the 9 judge panel did in fact rule in favour of privacy as a fundamental right, the responsibility to judge whether the linking of Aadhaar to every financial transaction, phone numbers and something as basic as getting mid-day meals will be decided upon by a 5 judge panel. While Aadhaar does have its benefits, forcing its integration on everyone, especially when in more than one cases the fingers can be damaged beyond repair so the fingerprints fade away, had not gone down well with the petitioners who moved to the Supreme Court. If the panel decides in favour of Aadhaar integration, today's right to privacy will become a paper tiger, because the State will have full access to everything you do, which completely negates the right to privacy. <\/p>"},{"type":"img","id":"img-uid-1503568114047","data":"599eaba478bce"},{"type":"txt","id":"rich_1503568115949","data":"2. Freedom of Sexual Orientation Is Now A Fundamental Right<\/b><\/p>A news that sent a cheer among the LGBTQA+ community, under the newly declared fundamental right, sexual orientations are now nobody's business to know, guaranteeing our fellow citizens the right to be private about whom they choose to love. With another petition in the Supreme Court challenging the archaic and British era Section 377, it is only a matter of time before the law is struck down and our LGBTQA+ folk will be free to be who they are without fear of being prosecuted. <\/p>"},{"type":"img","id":"img-uid-1503569271751","data":"599eabc4c82e7"},{"type":"txt","id":"rich_1503569273705","data":"3. The Judgement.<\/b><\/p>As the media reports it, here are the key points from the judgement. <\/p>Life and personal liberty are inalienable rights. These are rights which are inseparable from a dignified human existence. The dignity of the individual, equality between human beings and the quest for liberty are the foundational pillars of the Indian Constitution;<\/p>Judicial recognition of the existence of a constitutional right of privacy is not an exercise in the nature of amending the Constitution nor is the Court embarking on a constitutional function of that nature which is entrusted to Parliament;<\/p>Privacy includes at its core the preservation of personal intimacies, the sanctity of family life, marriage, procreation, the home and sexual orientation. Privacy also connotes a right to be left alone.<\/p>Personal choices governing a way of life are intrinsic to privacy.<\/p>...privacy is not lost or surrendered merely because the individual is in a public place. Privacy attaches to the person since it is an essential facet of the dignity of the human being;<\/p>Technological change has given rise to concerns which were not present seven decades ago and the rapid growth of technology may render obsolescent many notions of the present. Hence the interpretation of the Constitution must be resilient and flexible to allow future generations to adapt its content bearing in mind its basic or essential features;<\/p>Like other rights which form part of the fundamental freedoms protected by Part III, including the right to life and personal liberty under Article 21, privacy is not an absolute right. A law which encroaches upon privacy will have to withstand the touchstone of permissible restrictions on fundamental rights.<\/p>Privacy has both positive and negative content. The negative content restrains the state from committing an intrusion upon the life and personal liberty of a citizen. Its positive content imposes an obligation on the state to take all necessary measures to protect the privacy of the individual.<\/p>The right of privacy is a fundamental right. It is a right which protects the inner sphere of the individual from interference from both State and non-State actors and allows the individuals to make autonomous life choices.<\/p>The privacy of the home must protect the family, marriage, procreation and sexual orientation which are all important aspects of dignity. <\/p>...in a country like ours which prides itself on its diversity, privacy is one of the most important rights to be protected both against State and non-State actors and be recognized as a fundamental right. <\/p>...right of privacy cannot be denied, even if there is a miniscule fraction of the population which is affected. The majoritarian concept does not apply to Constitutional rights. <\/p>Let the right of privacy, an inherent right, be unequivocally a fundamental right embedded in part-III of the Constitution of India, but subject to the restrictions specified, relatable to that part. This is the call of today. The old order changeth yielding place to new <\/p>The above points were taken from Hindustan Times article, which you can find by <a href=\"http:\/\/www.hindustantimes.com\/india-news\/supreme-court-rules-privacy-is-fundamental-right-here-s-full-text-of-the-judgment\/story-Wheiu7B8nbgbqtJYT1KzkO.html\" target=\"_blank\">clicking here. <\/a><\/p>"},{"type":"img","id":"img-uid-1503570238074","data":"599eabfb3fa6d"},{"type":"txt","id":"rich_1503570242264","data":"4. Upholding Diversity<\/b><\/p>It is clear that the Judges decided to fall back on India's rich cultural diversity in their thoughts before calling for the dismissal of the government's arguments. As they rightly note, a country as diverse as India must absolutely have the right to privacy guaranteed to its citizens. <\/p>"},{"type":"img","id":"img-uid-1503570373095","data":"599eac142d0aa"},{"type":"txt","id":"rich_1503570374943","data":"5. No More Annoying Neighbours<\/b><\/p>It is well known that even in a megapolis like Mumbai, societies discriminate against young students and bachelors if they have anyone from the opposite gender do something as simple as visit their rented apartment. With the right to privacy now guaranteed, we now have legal recourse to sue the annoying aunties and uncles of the surrounding apartments from intruding upon your privacy. For too long their bullying has gone on, no more! <\/p>"},{"type":"img","id":"img-uid-1503570518824","data":"599eac37302b6"},{"type":"txt","id":"rich_1503570521224","data":"A new dawn arises over India today, and here's hoping this leads to more landmark judgements, especially in cases of sexual orientation, the right of individuals to be left alone and the right of citizens to have their data protected from the government and those in it that seek to misuse it. While it is difficult to not rejoice and be happy about the ruling, as stated before, the battle is far from over. So buckle in, because we're in for a long ride before we are finally free of the yoke of privacy intruding policies.  <\/p>"}]

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