Posts

Showing posts with the label article 21

Does AADHAR really pose privacy issues!!!!

The recent case in Supreme Court which required nine judge bench to decide whether the right to privacy be deemed a fundamental right has raised several questions.  The government is questioned over its integrity and the compulsion posed on citizens to provide their biometric data and other such personal details.  The counsels for the petitioners include Gopal Subramanium, Soli Sorabjee and Shyam Divan.  These legal mammoths made a strong pitch in favour of privacy. Furthermore, in Menaka Gandhi vs Union of India case Justice K. Iyer stated that although Article 21 provides that no person shall be deprived of his life or personal liberty except in accordance with procedure established by law - but this does not mean that mere appearance of procedure followed will satisfy the said Article, the procedure should be just, fair and reasonable. The case also accepted “Right to Privacy” a part of Article 21. Similar expressions were repeated by Supreme Court in Govind v...