RIGHT TO PRIVACY IN INDIA: VIS-À-VIS AADHAR SCHEME
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Keywords:
Privacy, Aadhaar, Right to privacy, Personal InformationAbstract
Any Information holds a value and is a property, but, privacy is not a property since it’s of autonomous domain. A complete denial of privacy will defeat democracy, but so will an absolute right to privacy. The Supreme Court of India has upheld privacy as a fundamental right under Article 21 and part III of the Constitution. This means privacy will have no definition - its scope and definition will be decided on a case to case basis. Despite the right to privacy being accorded judicial recognition time and again, there still does not exist a cogent legal framework for privacy laws in India. There exists in India an alarming need to enact a law with a view to safeguard the Right to privacy of an individual. The need for such a statute becomes more desirable when one notices that there are no existing regulations which can safeguard personal information disclosed by an individual. Unless a concrete legislation on this subject addresses ground reality, the right to privacy will remain a right on paper. The restrictions on the privacy will depend upon which article it emanates from. The aim of this paper is to ponder the issues relating to Right to Privacy under the Aadhaar Scheme. At the end, the article proposes suggestions in order to fulfil the need of privacy laws in the country.
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