RIGHT TO PRIVACY

Supreme Court to continue hearing on Aadhaar's breach of privacy

supreme-court-file-reuters [File photo] On July 12, the Supreme Court agreed to hear on an urgent basis, all the issues arising out of Aadhaar card, especially the concern over whether it breaches the people's right to privacy | Reuters

A nine-judge bench had yesterday observed that right to privacy is not absolute

The Supreme Court nine-judge Constitution bench will continue its hearing today on whether linking of PAN Card with Aadhaar breaches an individual's privacy or not.

On July 12, the Supreme Court agreed to hear on an urgent basis, all the issues arising out of Aadhaar card, especially the concern over whether it breaches the people's right to privacy.

The lawyer of the petitioner, in connection with the Aadhaar matter, on Wednesday argued on all issues arising out of the Aadhaar card, especially the concern over whether it breaches the people's right to privacy.

Senior Advocate Gopal Subramanian said the issue is simple and whether there a fundamental right to privacy under the Indian Constitution.

Subramanian further argued that privacy is embedded in all processes of human life and liberty.

The Preamble uses two expressions liberty and dignity. These two words are intended to convey an inherent right recognised by the Constitution and the privacy is embedded in both.

On June 10, the Supreme Court had ruled that from July 1 onward, every person eligible to obtain Aadhaar card must quote their Aadhaar number or their Aadhaar Enrolment ID number for filing of Income Tax Returns as well as for applications for Permanent Account Number.

Following this, the apex court pronounced its order on mandatory requirements of Aadhaar card for Income Tax Return.

The Income Tax Department has stepped up its efforts to encourage people to link their PAN with Aadhaar.

The matter was mentioned before a bench comprising of Chief Justice J.S. Khehar and Justice D.Y. Chandrachud, which said that its five-judge Constitution bench will hear Aadhaar-related matters. 

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