Right to Privacy a Fundamental Right, Says Indian Supreme Court
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Re: Right to Privacy a Fundamental Right, Says Indian Supreme Court
#2This is such a relief ...
Also this is the man behind the fight
https://barandbench.com/expecting-unanimous-decision-justice...
Re: Right to Privacy a Fundamental Right, Says Indian Supreme Court
#3Not sure what will happen, I want both this and Aadhar.
Re: Right to Privacy a Fundamental Right, Says Indian Supreme Court
#4As it should be. The world is quickly approaching a very Orwellian feature unless we take steps to stop it. Right to privacy should be right up there with the right to free speech.
Re: Right to Privacy a Fundamental Right, Says Indian Supreme Court
#5seems like they had a good session - from other news they took down that instant Muslim divorce. As one can guess that divorce procedure isn't gender symmetric.
https://www.nytimes.com/2017/08/22/world/asia/india-muslim-d...
"In India, Muslim men have been able to end their marriages by saying the word “talaq” — Arabic for “divorce” — three times. They could do this in person, by letter or even over the phone."
Re: Right to Privacy a Fundamental Right, Says Indian Supreme Court
#6Here's what the Attorney General - the government counsel - argued
> He said that in developing countries, something as amorphous as privacy could not be a fundamental right, that other fundamental rights such as food, clothing, shelter etc. override the right to privacy.
It's a question which has alway bothered me. What happens when two fundamental rights clash with each other?
Re: Right to Privacy a Fundamental Right, Says Indian Supreme Court
#7It says a lot about where we are headed that the Supreme Court had to say this.
Re: Right to Privacy a Fundamental Right, Says Indian Supreme Court
#8Here's what the Attorney General - the government counsel - argued > He said that in developing countries, something as amorphous as privacy could not be a fundamental right, that other fundamental rights such as food, clothing, shelter etc. override the right to privacy. It's a question which has alway bothered me. What happens when two fundamental rights clash with each other?
I think it comes down to whether citizens are coerced to part with their personal information or not. If I need access to state programs of food, clothing, shelter, I should be willing to abide by regulations that make it easier to deliver these benefits.
Aadhaar as of now is a direct coercion to part with biometrics and has inadequate features to protect against identity theft. Not having aadhaar means not getting driving license, passport, marriage license etc.
Re: Right to Privacy a Fundamental Right, Says Indian Supreme Court
#9As an aside, this is a decent example of why some people oppose bills of rights. As I understand it, the argument is that a bill of rights is considered exhaustive; if it's not in the bill, it's not protected.
By contrast, countries without a bill of rights are free to interpret their constitutions through implied rights, in ways that make sense in the context and allow the constitution to adapt to new or developing circumstances.
See for example, https://en.wikipedia.org/wiki/Australian_constitutional_law#...
Not entirely sure which side of that argument I'd sit on.
Re: Right to Privacy a Fundamental Right, Says Indian Supreme Court
#10Here's what the Attorney General - the government counsel - argued > He said that in developing countries, something as amorphous as privacy could not be a fundamental right, that other fundamental rights such as food, clothing, shelter etc. override the right to privacy. It's a question which has alway bothered me. What happens when two fundamental rights clash with each other?
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