Lawyers welcome SC decision on right to privacy

New Delhi, Aug 24 (IANS) Eminent lawyers on Thursday welcomed the Supreme Court judgment declaring right to privacy a fundamental right, and called it a "progressive" and "landmark" judgment.

The Supreme Court on Thursday held that the right to privacy is a fundamental right and is an integral part of the right to life and liberty.

Former Attorney General Soli Sorabjee called it a "very progressive judgment".

"It is a very progressive judgement and protects the fundamental rights of the people. Privacy is a basic right which is inherent in every individual," Sorabjee said.

"The unanimity of the bench in giving this decision shows a very good approach of the Supreme Court. Any judgment which enlarges the fundamental rights of the people should be welcome," he said.

Eminent layer Rebecca John called it a landmark judgment and said it may impact the Aadhaar validity case and on Section 377 which criminalises homosexuality.

"It is a landmark judgment. It overrules the earlier judgment which said right to privacy is not a fundamental right..." said John.

"Most importantly, it has taken into account an individual citizen's right to live his or her life... it will have far reaching implications, it restores people's faith in the judiciary and upholds the Constitution," she said.

"The whole attempt to invade privacy on the pretext of forming an Aadhaar data base was purely unconstitutional," she said.

John pointed out that of the nine judges, five said in the judgment that that the earlier apex court judgment that made homosexuality a criminal offence was a bad law.

"I imagine it (case on Section 377) will be put on fast track now. It will be very difficult to continue on the earlier judgment on 377 now," she said.

Senior Counsel Geeta Luthra meanwhile said the main question was if the issue of Aadhaar cards would be addressed.

"This judgement does not come as surprise. The main question is Aadhaar card and that has to be addressed. It is a happy note that the court reaffirmed the right to privacy."

She also said it will have implications in the case of Section 377.

"The other silver lining of the judgement is the fact that everybody is hailing it. The Supreme Court will really properly re-look at sexual orientation and Section 377 and the striking of it down with regard to consensual sex with same sex partner. This is the nicest aspect of the judgement."

Anand Grover, Senior advocate who appeared for the petitioner in the Right to Privacy matters in Supreme Court, on similar lines said "It has opened up the argument in the Section 377 cases. The judgement on Section 377 did not understand the issue of privacy and dignity."

Advocate R.K. Kapoor said it strengthens fundamental rights, and it should not be violated by any other rules, regulations or schemes.

"...being a fundamental right it can't be violated by the state by making laws, rules, regulations or any scheme. If any individual is aggrieved by any action of the government which forces the individual to disclose a data which violates his privacy can be challenged by him in the court and struck down," Advocate Kapoor told IANS.

(This story has not been edited by Social News XYZ staff and is auto-generated from a syndicated feed.)