Privacy Hearing: Senior counsel Shyam Diwan draws attention to various judgements for Right to privacy

Published on 24 Jan 2018 by Tushar

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Image Courtesy: Trak.in

As the hearing on the string of writ petitions challenging the constitutionality of the Aadhaar Act of 2016 resumed on Tuesday, Senior Counsel Shyam Diwan drew the attention of the five-judge Constitution bench of the Supreme Court to the various aspects he judgement dated August 24, 2017 in Justice K. S. Puttaswamy. 

Mr Divan said the right to privacy can be infringed only if the infringement is backed by a valid law. Such a law must fulfil three conditions- justness of the law; legitimacy of the State objective; and proportionality of the encroachment”

Mr. Diwan recited various paragraphs of the judgment- the plurality judgement by Justice Chandrachud, as well as the separate but concurring judgements of other judges.

In context of the Fundamental Right to Privacy, Mr. Diwan quoted portions regarding judgement on anti-police regulations and how privacy exists in autonomy.

Source: Livelaw


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