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Supreme Court proclaims 'individual privacy' as Fundamental Right
A nine-judge Constitution bench of the Supreme Court chaired by Chief Justice of India JS Khehar on Thursday, in its landmark verdict over the issue of 'individual privacy' ruled that 'Right To Privacy' is a fundamental right protected by the Constitution.

Pronouncing its judgment on the matter of privacy, the bench said that Right To Privacy is an integral part of 'Right to Life & Personal Liberty'. The bench further added that privacy is protected under Article 21 in Part III, of the Indian Constitution.

The bench comprised Justices J Chelameswar, SA Bobde, RK Agrawal, RF Nariman, AM Sapre, DY Chandrachud, SK Kaul and S Abdul Nazeer who shared the common view on the Right To Privacy as a fundamental right.

The unanimous verdict of the bench was delivered after hearing multiple petitions that challenged the mandatory use of Aadhaar cards that assign the unique 12-digit ID to every citizen.

Earlier, the Centre had argued that the makers of the Constitution did not intend to make right to privacy a fundamental right saying that the Indian Constitution does not guarantee the privacy of an individual as an absolute fundamental right.

On the other hand, challenging the Aadhaar scheme as a violation of privacy, petitioners had argued that although the right to privacy is not explicitly set out in India's Constitution, it nevertheless guarantees it implicitly.

"It's a big victory for civil liberties in the country... Today, with this judgment, it is recognised as a fundamental right under Article 21 of the Constitution. All previous judgments have been overruled.That is important. It affects not just Aaadhaar, but also phone tapping cases. Also, the cases on homosexuality. We have to look at today's judgment in totality to understand how many implications it has. On Aadhaar, of course, it will be deliberated before the court whether Aadhaar infringes the right to privacy, or not. But we believe Aadhaar in its present form cannot function," said advocates Rahul Narayan and S Prasanna, who represented the petitioners.

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