In a society where personal choices mean little and members of a family live together in the same room, the concept of privacy has always been hard to comprehend. This is the reason people have often confused ‘privacy’ with luxuries and associated ‘security’ with the rich. There is also little understanding of what is personal and what is private. Privacy, as a fundamental right or not, has in fact always been at the crossroads of cultural practices and constitutional rights. Culturally, India has been a country where much of its knowledge has been transferred from one generation to another orally. In such a community, where everything is not documented on paper or in audio-visual formats, there is little meaning of “privacy”.
And so, the unanimous decision of the Supreme Court’s nine-judge bench on August 24, upholding the Right to Privacy as a Fundamental Right, must be viewed as a historic decision that will not only determine the fate of India’s digital data and footprints but the country’s social and cultural landscape as well.
Last month, a nine-judge Constitution Bench of the Supreme Court ruled that the Right to Privacy is “intrinsic to life and liberty” and is inherently protected under the various fundamental freedoms enshrined under Article 21 of the Indian Constitution. The collective efforts of the civil society must be applauded for this historic judgment. Read More
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