Justice Puttaswamy, the retired Karnataka HC judge passed away on 28 October 2024. He was 98 years old. In memory, the article explores his contribution to the jurisprudence on the right to Privacy.
Table of Contents
Before the case
The general rule established before 2015 was that privacy was not under the ambit of Article 21. It was interpreted as a common law right in India, not a fundamental right. The various precedents did not anticipate the advent of digitalisation which would regularly breach user information.
Justice Puttaswamy secures Right to Privacy
Justice K.S Puttuswamy was 86 years old when he championed the spirit of our Constitution by challenging the Aadhaar Scheme. He filed a writ petition before the Supreme Court of India arguing that the Aadhar Scheme introduced by the Central Government infringes on citizen’s private information.
The case was initially heard by a three-judge bench. The right to privacy case was transferred to a larger bench to interpret the scope of Article 21 and its effect on the Aadhar scheme. The answer to this could overturn previous jurisprudence established over the years.
Aadhar Scheme
The scheme was introduced in 2009 to provide a unique identification number to Indian citizens. This would provide a single card to verify every citizen and streamline the implementation of welfare schemes. It uses an individual’s biometric and personal data to verify them.
The safety of personal data and biometrics recorded by the government was criticised. Despite reassurance about the voluntary disclosure of information, Aadhar card registration is mandatory today.
Progressive interpretation unlike precedents
Some previous authorities on the right to privacy were M.P Sharma1 and Kharak Singh2‘s judgement. One deals with privacy concerns over seizure and search while the other on police surveillance methods.
Both took a literal interpretation of Article 21 of the Constitution. They recognise the right to privacy but not as a fundamental right as it was not explicitly guaranteed within the right to life and personal liberty.
Right to privacy is a fundamental right
The nine-judge bench held on the historic day that the right to privacy falls under the right to life and liberty. It is a constitutionally guaranteed right to every person.
Any infringement of a fundamental right is enforced in a court of law. However, Article 21 is not an absolute right. Such rights are subject to certain legal procedures.
Digital age- Scope of right to privacy
The case laid a concrete precedent to protect against any breach in the digital age. The judgement protects a generation of rights.
It broadened the need to extend constitutional rights to the virtual world where users need protection. The case is referenced regularly in cases dealing with contemporary issues regarding the internet and its affinity to commit violations.
The case proves that it has been ageing gracefully in recent times. It would continue to stand the test of time in the gallery of precedents.
Impact of judgement in memory of Justice Puttaswamy
It’s been seven years since the judgement was given. It still holds its ground and provides privacy protection to everyone. Since then, the world has become closer and smaller with the internet. The privacy issues in every digital platform have placed urgency around the conversation. It emphasizes the progressive application enforced by the Supreme Court. From our universe to the metaverse, the judgement has an evergreen effect on every breath of life.
It has paved a broader avenue for rights and their protection against infringement. All of this began from a single petition sown by a man of law concerned with public and personal privacy. Rest in peace Justice Puttaswamy. You are the guardian and crusader of privacy protection law.
