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

Published August 24, 2017
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

A long week

A long week

There’s some wariness about the excitement surrounding this moment of international glory.

Editorial

Unlearnt lessons
Updated 28 Apr, 2026

Unlearnt lessons

THE US is undoubtedly the world’s top military and economic power at this time. Yet as the Iran quagmire has ...
Solar vision?
28 Apr, 2026

Solar vision?

THE recent imposition of certain regulatory requirements for small-scale solar systems, followed by the reversal of...
Breaking malaria’s grip
28 Apr, 2026

Breaking malaria’s grip

FOR the first time in decades, defeating malaria in our lifetime is possible, according to WHO. Yet in Pakistan,...
Pathways to peace
Updated 27 Apr, 2026

Pathways to peace

NEGOTIATIONS to hammer out the 2015 Iran nuclear agreement took nearly two years before a breakthrough was achieved....
Food-insecure nation
27 Apr, 2026

Food-insecure nation

A NEW UN-backed report has listed Pakistan among 10 countries where acute food insecurity is most concentrated. This...
Migration toll
27 Apr, 2026

Migration toll

THE world should not be deceived by a global migration count lower than the highest annual statistics on record —...