Right to privacy - not a basic right - Fusion - WeRIndia

Right to privacy – not a basic right

Right to privacy – not a basic right

In order to implement the Aadhaar scheme, the Centre on Wednesday told the Supreme Court that a fool proof system would be in situ. It also stated that the Right to Privacy cannot be invoked to scrap the welfare programme due to the fact that it is not a basic right under the constitution.

When the constitution was made, the Right to Privacy isn’t a basic right under it. That right flows from one right to another right. It seems that clearly the makers of the Constitution didn’t intend to make the right to privacy a basic right.

Attorney General Mukul Rohatgi has stated before a bench headed by Justice J Chelameswar that since the right to privacy is not under the basic rights, the petitions under Article 32 should be discharged. The bench has stated during the hearing that they are considering about referring it to the larger Constitution bench.

The attorney general was fighting against the claim that since the Aadhar scheme is based on collecting personal knowledge, it violates the citizens Right to Privacy.


He also further stated when it comes to the right to privacy there’s a transparent divergence of opinion.

Furthermore, the position of the law is quite unclear. To support his point, he added that the makers of Constitution also didn’t intend to make it a basic right and brought up the apex court’s judgments in this regard.

Image Reference: Oneindia

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