More assertive effort needed to make privacy right a reality: CUTS

A judgement stating privacy as a fundamental right may not lead to it being treated as a fundamental right. A more assertive effort is needed from all stakeholders to make this a reality, said Pradeep S. Mehta, Secretary General, CUTS International on Thursday.

Welcoming the Supreme Court Constitution bench's decision on declaring Privacy as a fundamental right under Article 21 of the Constitution of India, Mehta said, "It will surely empower citizens against encroachment of their privacy".

"It is also a wake-up call for the Central government, which had taken a contrarian view in the Court, he added.

The nine member Constitution bench today concluded unanimously that, "The right to privacy is protected as an intrinsic part of the right to life and personal liberty under Article 21 and as a part of the freedoms guaranteed by Part III of the Constitution".

"As the country is riding the digital transformation wave and the government's 'Digital India' mission is creating an enabling environment to migrate its eGovernance, administration and financial services to online platforms, citizens are expected to reveal all information mandatorily without any provision to counter these mechanisms. Hence, this judgement is critical and revolutionary", said Mehta.

Privacy as a fundamental right gathered steam when Aadhar, a legally voluntary instrument, was made mandatory by executive orders for many schemes, including filing of income tax returns. Last few months saw several state and non-state actors at loggerheads on this issue.

However, today's verdict does not comment on whether the government's demand for Aadhaar to be linked to all financial transactions amounts to an infringement of privacy. That decision will be taken by a separate and smaller bench of the Supreme Court of India.