Hard to accept there is no fundamental right to privacy: SC

The SC had on Tuesday said that the 9 judge bench would deal with the issue of right of privacy.

The Supreme Court said that in a republic founded on a written Constitution it is difficult to accept that there is no fundamental right to privacy. The 9 judge Bench made the observation while hearing arguments on the issue whether right to privacy is a fundamental right under the Constitution. This is a key question that is linked to the Aadhaar debate. The matter will be heard on Thursday.

During the course of the hearing, senior counsel, Gopal Subramanium said that right to liberty means right to make personal choices and for that you need right to privacy. Liberty which includes privacy is a pre-existing natural value recognised by the Constitution, he also said. Privacy is not just about bedroom space. It means liberty and dignity to be your own man, he further submitted.

Senior counsel, Soli Sorabjee argued that right to privacy needs to be deduced. He said the freedom of press is cherished, but not explicitly mentioned in the Constitution. The same is deduced he also said while making his point.

Privacy need not be carved out. It is embedded in the right to liberty, Subramanium further stated. Senior advocate, Shyam Divan said during the arguments that privacy includes bodily integrity. Your body belongs to the state only in a totalitarian state, Divan submitted.

The SC had on Tuesday said that the 9 judge bench would deal with the issue of right of privacy. Once decided the petitions challenging Aadhaar scheme would be referred back to the original Bench.

The Bench comprises, Chief Justice J S Khehar, Justices J Chelameswar, S A Bobde, R K Agrawal, Rohinton Fali Nariman, Abhay Manohar Sapre, D Y Chandrachud, Sanjay Kishan Kaul and S Abdul Nazeer.

On an earlier occasion a five judge Bench which dealt with the validity of Aadhaar and right to privacy was unable to decide on the matter. This was owing to two verdicts in 1950 and 1962 which had said that right to privacy was not a fundamental right.

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