India's top court says privacy is a fundamental right in landmark verdict

Published
21
An Indian man gets his retina scanned as he enrolls for Aadhar, India's unique identification project in Kolkata, India.— AP
An Indian man gets his retina scanned as he enrolls for Aadhar, India's unique identification project in Kolkata, India.— AP

India's Supreme Court ruled on Thursday that citizens have a constitutional right to privacy, a landmark verdict that could have wide-reaching implications for the government's flagship biometric programme.

Privacy is not explicitly mentioned in the Indian constitution, and the government has argued that India's 1.25 billion citizens cannot expect an absolute right to privacy.

But in a brief statement on Thursday, Chief Justice J.S. Khehar said privacy was “protected as an intrinsic part of Article 21 that protects life and liberty”.

The Supreme Court set up a special bench to rule on the issue after petitioners challenged the government's Aadhaar biometric programme, which has recorded the fingerprints and iris scans of more than one billion Indians.

Aadhaar was set up as a voluntary scheme to streamline benefit payments to millions of poor people and cut fraud.

But in recent years it has become compulsory for a growing number of services, including opening a bank account or paying taxes.

Opponents say that its use for what are effectively essential services means their right to privacy is increasingly being violated.

Lawyer Prashant Bhushan said after the judgement it would likely impact the Aadhaar programme.

“Any fundamental right is subject to reasonable restrictions by law. Whether the Aadhar Act imposes unreasonable restrictions will have to be examined,” he told reporters outside the court.

Prime Minister Narendra Modi's government has rejected suggestions that the programme, set up in 2009, poses a threat to civil liberties, despite personal data being leaked in security breaches.

In May, attorney general Mukul Rohatgi rejected suggestions that Indians could refuse to provide their iris scans or fingerprints to the government, telling a court “the concept of absolute right over one's body was a myth”.

During the hearings the nine-member Supreme Court bench recognised the risk of personal information being misused, and the challenge of protecting such private data in the internet era.

But the judges also acknowledged there must be restrictions within reason on individual privacy.

Constitutional law scholars had said the case would be a litmus test of Indian democracy, with potentially far-reaching consequences if individuals were allowed to challenge laws on the basis of individual rights.

Opinion

Editorial

Kashmir unresolved
Updated 30 Sep, 2026

Kashmir unresolved

The just solution lies in India addressing the issue through a trilateral dialogue involving the legitimate representatives of the Kashmiri people and Pakistan.
Water shortage
30 Sep, 2026

Water shortage

THAT the country is entering the Rabi season with an anticipated water shortage of nearly 25pc, the lowest carryover...
Young hearts
30 Sep, 2026

Young hearts

THE observance may have passed, but the message of World Heart Day should not fade with it. The occasion is a useful...
Terror and politics
Updated 29 Sep, 2026

Terror and politics

There is an urgent need to tone down the rhetoric and tackle terrorism as a collective challenge for both the affected provinces and the federation.
Watching the glaciers
29 Sep, 2026

Watching the glaciers

THE latest signs from Pakistan’s mountains are worrying. Suparco says the number of unfrozen glacial lakes it...
Dangerous agenda
29 Sep, 2026

Dangerous agenda

AS the world remains fixated on the US-Iran conflict, elsewhere in the Middle East, Israel is consolidating its grip...