SC verdict recognises that key elements to be worked out in data protection law, says Nandan Nilekani

Here are some of the reactions to the verdict.

Updated - December 04, 2021 11:57 pm IST

Published - August 24, 2017 11:09 am IST

COIMBATORE, TAMILNADU, 08/05/2013: Finger prints being captured  in a camp held to collect biometric particulars for the National Poulation Register at Ranganathapuram Girls Higher Secondary School at Ram Nagar, in  Coimbatore. The National Population Register (NPR) has been taken as the basis for identity/smart card enrolment and the Directorate of Census Operations is implementing the project in Tamil Nadu. Based on the  data prepared by the National Population Register the  Aadhar numbers will also be issued after a de-duplication process  by UIDAI.  
Photo: K. Ananthan

COIMBATORE, TAMILNADU, 08/05/2013: Finger prints being captured in a camp held to collect biometric particulars for the National Poulation Register at Ranganathapuram Girls Higher Secondary School at Ram Nagar, in Coimbatore. The National Population Register (NPR) has been taken as the basis for identity/smart card enrolment and the Directorate of Census Operations is implementing the project in Tamil Nadu. Based on the data prepared by the National Population Register the Aadhar numbers will also be issued after a de-duplication process by UIDAI. Photo: K. Ananthan

As a nine-judge Constitution Bench of the Supreme Court, led by Chief Justice of India J.S. Khehar on August 24, 2017 ruled that the right to privacy is intrinsic to life and liberty , thus coming under Article 21, and comes under the various fundamental freedoms in PART III of the Indian Constitution, here are some of the reactions to the verdict:

Nandan Nilekani, former Chairman, UIDAI : "A superb judgment by SC. Privacy a right. But not absolute. Recognises that key elements to be worked out in data protection law."

Congress president Sonia Gandhi: "The Supreme Court verdict on fundamental Right to privacy heralds a new era for individual rights and human dignity and strikes a blow on unbridled encroachment and surveillance by the state and its agencies in the common man’s life."

Congress vice-president Rahul Gandhi: “ ... It is a victory for every Indian. The verdict is a major blow to fascist forces, a sound rejection of the BJP’s ideology of suppression through surveillance.”

Senior Congress leader P. Chidambaram: “The judgement delivered today is a landmark verdict and will rank among the most important judgements delivered by the Supreme Court since the advent of Constitution. Privacy is a fundamental right. The freedom that was won in 1947 has been enriched and enlarged. Privacy is the core of personal liberty. In fact, privacy is an inalienable part of life. By virtue of this judgement of the SC, article 21 has acquired a new magnificence. In view of this judgement, the issue of IPC 377 should be looked at with new lenses.”

Former Jammu and Kashmir Chief Minister Omar Abdullah tweets, "I have a right to privacy & it's a fundamental one. Yeyy."

Congress spokesperson Randeep Surjewala: Path-breaking and seminal judgment of the Supreme Court. It's a great victory for liberty and freedom. The court has rejected the Modi governmen's attempt to whittle down the right to privacy as a fundamental right by Attorney General's plea of no mention in the Constitution.

BJP leader Subramanian Swamy: ''Welcome the SC judgment that Right to Privacy is a fundamental Right under Article 21 of the Constitution. Now onto Aadhar modification.''

Senior Advocate Salman Khurshid: ''Privacy (sic) Fundamental Right has far reaching implications 4 (sic) our democracy. Celebrate the defeat of forces that wish to intrude in our lives.''

CPI (M) leader Sitaram Yechury: ''Congratulations to all lawyers, activists, others who fought this govt's sinister designs to deny Indians their fundamental right to privacy.''

Public interest lawyer and activist Prashant Bhushan: ''Kudos to the SC for holding Right to Privacy a fundamental right under Art 21. Aadhaar Act & any other law will be tested on reasonableness.''

AIPWA secretary and CPI(ML) member Kavita Krishnan tweets, "Supreme Court upholds Right to Privacy as fundamental right - Central Govt position denying this defeated. Cause for celebration as citizens. Right to privacy upheld as fundamental right - means Govts, pvt companies, cops etc have NO RIGHT to snoop on citizens. Now who will tell CJI - his order of NIA probe into 24 yr old woman's decision to convert, marry violates fundamental right to privacy?''

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