Right to Privacy Cannot be Invoked to Scrap Aadhar: Centre to SC

Citizens don’t have fundamental right to privacy under constitution: Centre

(Photo Courtesy: Aadhar Card Kendra)

The Centre has told the Supreme Court that ‘Right to Privacy’ is not a fundamental right under the Constitution, adding it cannot be invoked to scrap the Aadhar scheme.

A day after it told the apex court that it would be too late to scrap the Aadhar scheme, the Centre said that a “fool proof” system would be in place for the implementation of this welfare programme.

Right to Privacy is not a fundamental right under our Constitution. It flows from one right to another right. Constitution makers did not intend to make Right to Privacy a fundamental right. There is no fundamental right to privacy so these petitions under Article 32 should be dismissed.
– Mukul Rohatgi, Attorney General

Rohatgi was countering the contention that the scheme of Aadhar based on collecting personal data violates the citizens right to privacy.

“What is the contour and what is the interplay of various rights required to be ascertained,” he said, adding that “Right to Privacy is not absolute and is subject to restrictions.”

The Attorney General said the plea for scrapping the Aadhar scheme on the ground there is violation of the right to privacy cannot be allowed.

Rohatgi said there is a “clear divergence of opinion” on the Right to Privacy and “a classic case of unclear position of law”.