Congrats Local Circlers on Privacy
Several sites are quoting our circle poll also!!!! Hats off to supreme court for listening to ppl and doing the right thing.
In a landmark and historic judgment, a nine-judge bench of the Supreme Court today unanimously declared right to privacy a fundamental right under Article 21 of the Constitution, setting off far-reaching implications in terms of law and citizenship
A nine-judge Constitution bench headed by Chief Justice JS Khehar ruled that "right to privacy is an intrinsic part of Right to Life and Personal Liberty under Article 21 and entire Part III of the Constitution".
The nine judges also unanimously overruled the two earlier judgements of the apex court that right to privacy is not protected under the Constitution: the MP Sharma verdict of 1950 and that of Kharak Singh of 1960.
The contentious issue of privacy had emerged when the apex court was dealing with a batch of petitions challenging the Centre's move to make Aadhaar card mandatory for availing the benefits of various social welfare schemes.
There has, however, been no Supreme Court ruling specifically on Aadhaar today. The verdict, however, could derail the world's largest biometric identification programme that the government has been pushing for a while.
WHAT THE LANDMARK VERDICT MEANS:
The verdict would have a bearing on the challenge to the validity of the Aadhaar scheme on the grounds of its being violative of the right to privacy.
The verdict is also likely to have a bearing on the challenge to WhatsApp's new privacy policy. The top court is hearing a challenge to the Delhi High Court's September 23, 2016 order by which it allowed WhatsApp to roll out its new privacy policy but stopped it from sharing the data of its users collected up to September 25, 2016, with Facebook or any other related company.
The petitioners, who argued for privacy, had contended that the right to privacy was "inalienable" and "inherent" to the most important fundamental right which is the right to liberty.
They had said that right to liberty, which also included right to privacy, was a pre-existing "natural right" which the Constitution acknowledged and guaranteed to the citizens in case of infringement by the state.
The batch of petitions had challenged the mandatory use of Aadhaar cards as an infringement of privacy. There have also been concerns over data breach.
The Centre had termed privacy as a "vague and amorphous" right which cannot be granted primacy to deprive poor people of their rights to life, food and shelter.
The Attorney General of India had contended that right to privacy cannot fall in the bracket of fundamental rights as there were binding decisions of larger benches that it was only a common law right evolved through judicial decisions.
In a survey conducted earlier this year with over 10,000 people, a majority of citizens had showed concerns about the privacy of their data and said that a law was needed to regulate it.
Those surveyed said they are concerned about the privacy of their data, especially in this digital age and 89 per cent of them voted in favour of a privacy law, according to a survey conducted by citizen engagement platform LocalCircles.
People showed major concern about the leaking of Aadhaar details, duplicate PAN cards being issued, mobile numbers and email addresses being sold by vendors, credit cards being hacked due to personal information being easily available in the market and the like. more
In a landmark and historic judgment, a nine-judge bench of the Supreme Court today unanimously declared right to privacy a fundamental right under Article 21 of the Constitution, setting off far-reaching implications in terms of law and citizenship
A nine-judge Constitution bench headed by Chief Justice JS Khehar ruled that "right to privacy is an intrinsic part of Right to Life and Personal Liberty under Article 21 and entire Part III of the Constitution".
The nine judges also unanimously overruled the two earlier judgements of the apex court that right to privacy is not protected under the Constitution: the MP Sharma verdict of 1950 and that of Kharak Singh of 1960.
The contentious issue of privacy had emerged when the apex court was dealing with a batch of petitions challenging the Centre's move to make Aadhaar card mandatory for availing the benefits of various social welfare schemes.
There has, however, been no Supreme Court ruling specifically on Aadhaar today. The verdict, however, could derail the world's largest biometric identification programme that the government has been pushing for a while.
WHAT THE LANDMARK VERDICT MEANS:
The verdict would have a bearing on the challenge to the validity of the Aadhaar scheme on the grounds of its being violative of the right to privacy.
The verdict is also likely to have a bearing on the challenge to WhatsApp's new privacy policy. The top court is hearing a challenge to the Delhi High Court's September 23, 2016 order by which it allowed WhatsApp to roll out its new privacy policy but stopped it from sharing the data of its users collected up to September 25, 2016, with Facebook or any other related company.
The petitioners, who argued for privacy, had contended that the right to privacy was "inalienable" and "inherent" to the most important fundamental right which is the right to liberty.
They had said that right to liberty, which also included right to privacy, was a pre-existing "natural right" which the Constitution acknowledged and guaranteed to the citizens in case of infringement by the state.
The batch of petitions had challenged the mandatory use of Aadhaar cards as an infringement of privacy. There have also been concerns over data breach.
The Centre had termed privacy as a "vague and amorphous" right which cannot be granted primacy to deprive poor people of their rights to life, food and shelter.
The Attorney General of India had contended that right to privacy cannot fall in the bracket of fundamental rights as there were binding decisions of larger benches that it was only a common law right evolved through judicial decisions.
In a survey conducted earlier this year with over 10,000 people, a majority of citizens had showed concerns about the privacy of their data and said that a law was needed to regulate it.
Those surveyed said they are concerned about the privacy of their data, especially in this digital age and 89 per cent of them voted in favour of a privacy law, according to a survey conducted by citizen engagement platform LocalCircles.
People showed major concern about the leaking of Aadhaar details, duplicate PAN cards being issued, mobile numbers and email addresses being sold by vendors, credit cards being hacked due to personal information being easily available in the market and the like. more
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Oct 31
Judiciary is to place public & national interest atop on issues of Financial Crimes & Secured Fraternity . Privacy/individual rights shall only be the seconding factor for a healthy run of article 14 , 21 etc., read with preamble of JUSTICE, social, economic, political which was seconded in preference by liberty , equality and fraternity . Without this recognition there cannot be the real Justice . The following will justify . Basically the guarantee to the Citizen under the Preamble of the Constitution AND ARTICLES 15[4], 45 , 46 , 51 A READ WITH article 14 amidst 43 A and 41 are grossly neglected and even set aside . The Afraid of Politicians and their backed up Muscle-power did not permit any body to prefer the Supreme Court on this legitimate issue . In addition , they set the Courts and Judges inadequate since after 1995 which prove their anti attitude in the rule if analysed with the Directions and Suggestions given by the Supreme Court to the then Executive in 1980 and 90s . Even the Supreme Court kept silent on the issue of Suo motu at public interest even at the essential articles of 16 [4] that went anti Citizen befitting Politicians in two-fold manners ;;;;; article 44 that went anti Society befitting again the Politicians in their thirst of power through other means . THE COURTS ALSO COULD NOT HELP TO PROTECT THE PUBLIC MONEY AND NATIONAL INCOME & WEALTH WHICH HAD BEEN UNINTERRUPTEDLY SET UNDER " Corrupted Practices since 80s , Hawala of 90s , Maladjustment , Money laundering , Quid-Prokho Cheating , deceiving under unlawfully created Bankruptcy , diversion under Bad and Doubtful Debts , Misuse of Natural Resources and National Wealth " etc., etc., JUST ONLY ON THE GROUNDS " PREFERRED FOR INDIVIDUAL RIGHTS AND INTEREST " setting aside the Safe and Secured carry of public Life in the Country cornering the real general public . more
Oct 17
HAts off to the Government for intiating these discussions, and listening to the Local Circles and preparing for Privacy Laws, even as the court case was going on. This has never happened before in India till 2014. more
Aug 26
We are proud of our judiciary. more
Aug 28
The issue of possessing identify with the Birth Registration Certificate , that can stand for all and , be the requisite of Death Certificate was forgotten in the process enacted by Governments . The Governments could not openly submit the true requisites for the need of Aadhaar Card and the issue of non promoting and recognition of a Citizen Certificate amidst the Bangladessh Refugies and many other Non Indians . There is no requisite realization in this regard . Every Body is content with the Voter Card only and is the gross loss to National Security , National Finances , and , Grants , Subsidies etc., that stand at the concept of Economy Slab . While the Governments neglected prompt Assessment and perfect Collection of Taxes and Duties ,and set the declaration of Income as well as wealth/ Properties/ Assets only on the morality , Citizen Duty & Responsibility had been lead to accumulation of Black Money with continuous practice of Corruption and Tax Evasion now amounting to Lakhs of Crores of Government Money . If the Executive , Parliament , and the Supreme Court still do not identify the method of taking out the Storage of such Concealed Black Money from Banks , Lockers etc., etc., THE ISSUE OF INVASION IN THE COUNTRY WILL CONTINUE CORNERING THE POOR CITIZEN LETTING THEM TO STILL STRIVE AND STARVE FOR THE SYSTEM ADOPTED IN THE RULE of the Country . There shall be an end to such inabilities and disabilities in the Rule . more
Aug 26
