Right to Privacy Can’t be Absolute

The Supreme Court has said that the Right to Privacy cannot be an absolute right and the State may have some power to put reasonable restriction. The nine-judge Constitution bench was yesterday examining the issue whether Right to Privacy can be declared as a Fundamental Right under the Constitution.

The bench headed by Chief Justice JS Khehar also asked the Centre and others to assist it about the contours and ambit of test on which the width and scope of the Right to Privacy will be tested and also of its infringement, if any, by the State. During the day-long hearing, the bench said, Right to Privacy is an amorphous right and not absolute. It is only a small sub-sect of liberty.

The bench said we live in an age of big data and the state is entitled to regulate the data whether it is for the purpose of regulating crime, taxation or other activities. The argument will continue and the Attorney General is likely to put the government’s view across.

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