A nine-judge Constitution bench of the Supreme Court ruled that privacy is a fundamental right in a verdict that would have implications for everything from data protection to sexual preference.

The right to privacy is an intrinsic part under Article 21 that deals with the right to life and liberty, the top court ruled. It overturned two earlier verdicts to the extent that they say there is no fundamental right to privacy.

“The judgement effectively creates for the first time, obligations and responsibilities, for all those companies or government organisations that deal with Indian citizens and their information,” said Rajeev Chandrasekhar, a Member of Parliament and a petitioner in the privacy case. “They have responsibilities to do this in a manner that is responsible and does not infringe on the privacy of the citizens.”

The Constitution bench was set up to rule on the larger issue of privacy after a batch of petitions challenged the move to make Aadhaar biometric ID mandatory for accessing government’s social welfare schemes. The focus now shifts back to the five-judge Supreme Court bench hearing the Aadhaar case as the government pushes to expand its scope to everything from filing taxes and operating bank accounts to buying air tickets.

As carried in BQ on 26/8/2017