---
title: "Supreme Court Affirms The Right To Privacy As A Fundamental Right"
description: "We welcome the judgment of the Supreme Court affirming the Right to Privacy as a fundamental right. This is a historic day.

This judgment comes to us after a reference in the Aadhaar cases starting i..."
pubDate: 2017-08-24
author: Rethink Aadhaar
category: Uncategorized
originalUrl: https://rethinkaadhaar.in/blog/supreme-court-affirms-the-right-to-privacy-as-a-fundamental-right
---

We welcome the judgment of the Supreme Court affirming the Right to Privacy as a fundamental right. This is a historic day.

This judgment comes to us after a reference in the Aadhaar cases starting in in 2012 where the Union Government in August 2015 argued that the fundamental right to privacy does not exist under the Constitution. Since then the government and UIDAI, the agency managing the Aadhaar database, have consistently argued in Court that Indians have no fundamental privacy and that privacy is a concern only of the elite. These pernicious arguments have finally been laid to rest. 

The unanimous judgment unequivocally recognises the fundamental right to privacy. Today, the majority judgment states what should never have been in doubt that the people of this country have the fundamental right to privacy, whether rich or poor. There can be no waiver of fundamental rights under any circumstances. 

The judgment recognises the efforts of the government to formulate a data protection law. Any law, including a data protection law, that might be formulated will have to make sure that it protects the people's right to privacy. Any policy can be tested on whether it breaches the right to privacy. 

The Union Government had attempted to subvert the Aadhaar matters by referring it to a 9 judge bench of the Supreme Court. Now that the Supreme Court has taken a decision in favour of the petitioners, this means that the field is clear for the Aadhaar now to finally resume hearing by a smaller bench. 

We welcome an early hearing of the Aadhaar petitions. 

The State has been put on notice that it must protect our right to privacy.