-The Telegraph New Delhi: The Supreme Court today rejected the Centre's argument that since the right to privacy does not figure among the fundamental rights mentioned in the Constitution, it cannot be a constitutional right. "To sanctify an argument that whatever is not found in the text of the Constitution cannot become a part of the Constitution would be too primitive an understanding of the Constitution and contrary to settled canons of...
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Right to privacy verdict: A fundamental shift on gay rights -Dhananjay Mahapatra
-The Times of India NEW DELHI: The Supreme Court bench on Thursday provided a big boost to the LGBT community by declaring that a 2014 order by a two-judge bench had gravely erred in annulling a Delhi HC verdict decriminalising gay sex between consenting adults. "Sexual orientation is an essential attribute of privacy. Discrimination against an individual on the basis of sexual orientation is deeply offensive to the dignity and self-worth of...
More »Who owns my data? -RS Sharma
-The Indian Express A citizen-centric data eco-system is necessary to protect privacy. Who owns my data? In this question, if you replace data with a physical object, like a car or a house, the answer would obviously be “me”. That’s true not only of physical objects, but also of content because the latter is governed by copyright laws. The principle is you are the owner of the content you create, such as...
More »Supreme Court for 3-tier right to privacy: Intimate, private and public -Dhananjay Mahapatra
-The Times of India NEW DELHI: The Supreme Court on Wednesday outlined a three-tier, graded approach to the question whether privacy is a fundamental right by examining the issue through its intimate, private and public aspects even as it reserved its verdict in the case. Prior to completion of the two-week-long hearing that attracted arguments for and against conferring fundamental right status to privacy but which saw all parties accepting its intrinsic...
More »Making fundamental right subservient to economic rights dangerous: Supreme Court -Dhananjay Mahapatra
-The Times of India NEW DELHI: The Supreme Court continued to subject the debate on constitutional status for the right to privacy to close scrutiny, saying economic rights of citizens and provision for food and other essential items could never be a ground to undermine basic fundamental rights. This observation came when senior advocate C A Sundaram, appearing for the Maharashtra government, reiterated the Centre's stand that right to privacy would always...
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