Apex Court further asked the Petitioners that,“How do we define privacy? What are its contents? Its contours? How can State regulate the privacy? What obligations do State have to protect a person’s privacy?
On Wednesday, Supreme Court enunciated that privacy as a definite right, it had to first define it. But this would be nearly impossible as an element of the privacy pervaded all fundamental rights enshrined in Constitution of India.
Court stated that an attempt to define Right to Privacy may cause more harm than good.
Attorney General K.K. Venugopal had submitted before Apex Court Bench that Right to Privacy is merely a common law right and Constitution makers “consciously avoided” making it a part of fundamental rights.
Decision of nine-judge Bench on Whether the privacy is a fundamental right or not will be pivotal to Petitioners’ challenge that Aadhaar, which mandates the citizens to part with their biometrics, is unconstitutional.