THREE PROUD GIFTS TO INDIANS IN AUGUST 2017

The celebration of 71st Independence day of India on 15th August with inspiring memories of live India agitation was a remarkable moment.

Then on 22nd August, the Supreme court set aside the triple talaq system of divorce, being ground breaking judgement.

Thirdly, a proud moment for Indian citizen came on 24th August with a landmark judgement Right To Privacy Is A Fundamental Constitutional Right.

Many countries like Europe, Germany, Latin America appreciated the 9 – 0 judgement of 547 pages after a high voltage hearing. In this verdict, a member of the bench justice D.Y.Chandrachur ( son ) overruled the past judgement of 1975 by his father. Also, the court overruled two previous Supreme court judgements and the government’s arguments.

The citizen must have the right against misuse of his profile. Govt. has to protect citizen digital identity under article 21 and part 3 of the Constitution. In the current digital era, the misuse of personal data given online or offline can be challenged. Personal database leakage could be an abuse of citizen’s right to privacy. The myth development first and human rights second may see back doors.

Although nothing said in the decision , it may affect the unique identity card system AADHAR ( started in 2009 ) containing personal fingerprints, a scan of iris. Collection of biometric data is a violation of the Right To Privacy. Aadhaar has been conditioned for obtaining Govt. scheme benefits, but the fear of entire profile availability for exploitation may not be set aside. A parallel debate is going on in a separate committee.

Provisions of the judgement may be protected by the establishment of a law for personal data protection curtailing data-leakage or data-export. Some lawyers opined privacy as fundamental right subject to reasonable restrictions.

Finally, we got rid of old baggage.

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