Privacy a fundamental right, Jaitley said in Rajya Sabha

It is contended and broadly it is now accepted that privacy is a part of the individual liberty, the leader of the house in Rajya Sabha had said in 2016 while introducing the Aadhaar bill

GN Bureau | August 24, 2017


#Arun Jaitley   #rights   #Right to Privacy   #Rajya Sabha  


On March 16, 2016, while speaking on the Aadhaar Bill in the Rajya Sabha, finance minister Arun Jaitley stated:
 
“Is privacy a fundamental right or not? The present Bill pre-supposes and is based on the premise and that it is too late in date to contend that privacy is not a fundamental right. So, I do accept that probably privacy is a fundamental right. Now, where do you fit privacy as a fundamental right? And that is where I want to clear the misconception due to which these amendments which have been proposed. It is contended and broadly it is now accepted that privacy is a part of the individual liberty. So when Article 21 says, “no person shall be deprived of his Right to Life and Liberty without procedure established by law”.
 
“Then let us assume that privacy is a part of liberty and no person shall be deprived of his privacy without procedure as established by law. The underlying point is that privacy is not an absolute right. It is a right even in our Constitution. If it is a fundamental right under Article 21, which is subject to restriction that it can be restricted by a procedure established by law that procedure established by law obviously has to be fair, just and reasonable procedure. The case before the supreme court is you have no law, you have not legislated, you have not laid down any guidelines and you have by an executive fiat created authority where all personal data and biometric information will go. What will that be used for? Is this a fair, just and reasonable procedure?”
 

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