THE RIGHT TO PRIVACY

But why did this happen? This judgment was delivered due to the numerous petitions that challenge the government’s decision to make Aadhar cards mandatory. Aadhar is the world’s largest biometric project, covering data of more than 1.17 billion people within this country. The government tried to make it compulsory to state their Aadhar card number when filing tax returns. This move was challenged as people said it breached their right to privacy. The government simply shrugged its shoulders and stated that officially this country doesn’t have a right to privacy anyway. Fortunately for the sense of liberty and justice, the Supreme Court changed that notion by saying that all Indians have a constitutionally protected right to privacy.

To say that the Supreme Court killed two birds with one ruling is a gross understatement. On August 24, the nine judge-bench unanimously agreed that privacy is a fundamental right because it is intrinsic to the right to life. They said that it is an integral part of “right to liberty” which is already an existing fundamental right in this country.

This is not the first time the Supreme Court was consulted on the right to privacy. Special benches were consulted in 1954 and 1962. In both cases it was ruled that privacy is not a fundamental right.

While Aadhar seems to be everyone’s biggest concern at the moment, this ruling could change a lot of laws in this country. These are the laws that restrain and control a citizen by telling him what to eat, wear and whom to love. This is why I mentioned how the Supreme Court killed two birds with one stone. Every authoritative decision, every totalitarian law can be overturned now if challenged.

Among those lesser talked about points right now are Euthanasia. By Indian law, medically assisted suicide is forbidden. While Euthanasia sounds morbid, in extreme cases it could be small mercy. There have been many cases where a victim of terminal illness or terrible tragedy is in extreme agony or has lost controls of all his bodily functions. Many consider such a life to be not worth living. Euthanasia will preserve this person’s dignity and allow him to die on his own terms. This is why an individual’s right to refuse to prolong life falls under right to privacy.

This ruling also strengthens the cause of reproductive rights and sexual identity of a citizen. Women now have the choice to have abortions, abstain from procreation and have a family the way they choose.

The Supreme Court stated that sexual orientation is an integral part of a person identity. Therefore it must be protected equally without discrimination. This is important as in 2013 the Supreme Court had reinstated section 377 of the penal code, which criminalized homosexuality. This was completely against the idea of liberty and equality. Section 377 was an archaic law set during the British colonial era. In 2013 they had said that the LGBT community consists of “miniscule minority” and insultingly referred to their “so called rights”. In the new judgment authored by Justice Chandrachud, he made it clear that in a democracy, the rights of minorities are important. As important as any of those of a larger community.

One of the most important rulings this week was regarding the privacy we need when we are online. Currently in India, data protection laws are basic and not very efficient. That being said, after the right to privacy included “right to data privacy”, it seems high time to pass new laws keeping citizens online data private. Our data needs to be protected from companies, hackers and even the government. Companies like Google and Facebook have more information about each one of us than our families do. While their services are “free”, they track whatever you search, like, and buy online. They then taken this information and sell it to advertising companies. This kind of data surveillance is terrifying and makes users feel vulnerable. Even governments often try to tap phones and spy on us, crying “protection against terrorism”. Laws must be set in place to make our personal data more private.

Of course, the Supreme Court can do only do so much. The real battle, however, has just begun. We can safely assume that future authoritative governments and power hungry companies will try to steal our rights from us. That’s why it is up to us to stand for our rights and defend them with vigour and a sense of justice.

But kudos to the supreme court for being a shining sentinel of liberty, truth and equality. They have brought justice for all human, irrespective of gender and sexual orientation. In a world plagued by catastrophes and tragedy, majoritarianism seems to be on the rise. Such ideas could kill democracy as it stands. The Supreme Court has given us something to cheer about. They have given us hope.