State has no Right Over the Body of an Individual; Cannot compel to Share their Bio-metrics: Senior Advocate Divan in Aadhar case

Published on 07 Feb 2018 by Tushar

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The hearing in Aadhaar case is progressing in the Supreme Court before a Constitution Bench headed by Chief Justice Dipak Misra.

Senior Advocate Shyam Divan completed his submissions yesterday.

Divan’s submissions revolved around issues pertaining to violation of Article 21 of the Indian Constitution, particularly with respect to bodily integrity and informed consent.

Divan told the Court that the State has no right over the body of an individual and the body of an individual in all liberal democracies belongs to the individual and not the State.

He contended that the even though the State has a legitimate interest for identification of its citizen, it cannot compel a citizen to share their bio-metrics such as fingerprints and iris scan without the consent of the citizen.

Source: BarandBench


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