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Center Cites that Right to Privacy is not the Fundamental Right

Team SoOLEGAL 27 Jul 2017 2:52pm

Center Cites that Right to Privacy is not the Fundamental Right

The center told the Supreme Court since privacy was many folded; it couldn’t be dealt equally to the fundamental rights. Attorney general K K Venugopal, representing the center, continued his argument and stated, no privacy issues ever raised during Aadhar scheme, various personal information were sought for issuing passports, for Voter Id card during census and privacy has not been a subject of worry.

Attorney General K K Venugopal said that “informational privacy” could not be a right to privacy and it shouldn’t be considered as a fundamental right. If the right to privacy is believed to be Fundamental right, it is multifaceted. He told the nine-judge bench headed by Chief Justice J S Khekar, and other judges which included Justices J Chemaleshwar, S A Bobde, R K Agarwal, Rohinton Fali Rahiman, Abhay Manohar Sapre, D Y Chandrachud, Sanjay Kishan Kaul and S Abdul Nazeer.

He told the Judges yesterday, that Privacy could be considered a fundamental right, but under valid limitations, not completely.

The center in 2015, highlighted two past Judgments of apex court, which held in 1950 and 1962 regarding the issues of privacy and concluded it as a nonfundamental right.

The apex court earlier observed the state government can ask for information like how many children a women had, but alongside couldn’t ask the number of abortions she’d had.

When the court asked the AG about the difference between the right to privacy being viewed as a common civil right and as a fundamental right, he had responded that a common law right could be enforced by filing a civil law suit, but if it is considered as a fundamental right, the court could implement it like any other summons.           

AG concluded his arguments fervently requesting the bench to support the finding in M P Sharma and Kharak Singh that right to privacy is not a fundamental right.

Trump’s order

Among the intense and serious conversations, there was a lighter moment appeared when AG Venugopal mentioned several decisions taken by US on the rights issue, also highlighted the Trump’s order to forbid transgenders from armed forces. The verdict drew heated arguments and strong disapproval from rights group but was eminently admired by conservative activists and some Republicans. 

Tagged: Supreme Court   K K Venugopal   Fundamental Rights  
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