Does Right to Privacy exist after death? SC to decide in Jayalalithaa fingerprint case
"Does right to privacy apply to those who are dead?" This was a question that was raised by the Supreme Court which while hearing a matter in which the fingerprints of the late Jayalalithaa was sought.
A challenge was laid to the order of the Madras High Court which had ordered the production of Aadhaar data records of Jayalalithaa in a bid to verify her fingerprints.
Certain leaders of the AIADMK had sought for fingerprints of the late leader. The Supreme Court, however, stayed the order of the Madras High Court.
It was argued in the court that the fundamental right to privacy exists even after a person's death. The intrusion by the Madras High Court would not have happened had she been alive, it was further stated.
Her death does not make any difference as Right to Privacy is available to every citizen during his or her lifetime and even after the death of the person, the petition stated.
This argument comes in the wake of the Supreme Court recently ruling that Right to Privacy is a fundamental right. A Constitution Bench of the court is also hearing a batch of petitions challenging Aadhaar under the ground that Right to Privacy is a fundamental right. The judgment of the Supreme Court is however silent on whether Right to Privacy continues even after death.