Apar GuptaThe right to privacy was a constitutionally accepted and applied right recognised by an interpretative device of the Supreme Court since 1975. Over the decades, more than 30 decisions of the apex court applied privacy as a bundle of rights that permitted liberty of thought and action.
Archives for the category Op-ed
Data is not oil, it is power
Cautious optimism: Does the Supreme Court’s Aadhaar-PAN decision hold hope for a future victory?,
The court says the unique identity project must pass a stringent test under the right to privacy and human dignity. Will it?
Project of defiance
One reason for the controversy surrounding the Aadhaar project is the pending litigation against it in the Supreme Court. The cases draw on substantive critiques, including exclusion and deprivation caused by the usage of Aadhaar in provisioning essential services such as the PDS and MGNREGA, breaches of individual privacy and threats to national and individual security in the way the project has been conceived and implemented. Such concerns are not pure policy matters but interact with constitutionally protected fundamental rights, including Articles 14, 19 and 21 of the Constitution.
A legal overdose of patriotism
The cost of internet shutdowns
Government-mandated interruptions are rising. Economic and social costs are huge.
Teachings from a trial
Time gifts us clarity though reflection. Half a century may seem sufficient to dull passions but even today public memory of the Nanavati case continues to tilt objectivity towards emotion. A part of this can be fastened onto movie depictions that bear little responsibility for factual accuracy. However, in public discussion, there is not much distinction between the Nanavati case and the Nanavati movie (Rustom). Such a merger is unfortunate given the legacy of the case and the focus it brings to deficiencies in the legal system.
Three cases that threaten the open internet
The Supreme Court’s Slow March Towards Eroding Online Intermediary Liability
Far from determining any legal violation, on each date of hearing, the court has instead directed the government to consider heavy-handed proactive censorship.
The Basis Of Privacy
Aadhaar legislation points to the need for a comprehensive privacy law.