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SC ruling on privacy will have wider implications, say experts

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By Vishav
New Delhi, Aug 24 (IANS) With the Supreme Court on Thursday declaring that the right to privacy is a fundamental right, legal and constitutional experts said that now every government policy, rule, regulation and law that interferes with the right to privacy could be challenged and struck down — from the Aadhaar scheme to Section 377 on homosexuality.

The landmark judgement will have a bearing on several aspects of law, lifestyle and governance, say experts.

While Supreme Court lawyer Geeta Luthra said the judgement could lead to Section 377 — which criminalises homosexuality — being struck down, cyber law expert Prashant Mali feels there could be PILs filed against government policies related to its Aadhaar scheme.

Senior lawyer R.K. Kapoor said now that the Supreme Court has upheld privacy as a fundamental right incorporated within the parameters of Article 21 of the Constitution, “any government policy, rule, regulation or law that interferes with an individual’s privacy can be struck down”.

However, Constitution expert and former Secretary General of the Lok Sabha Subhash Kashyap said that one cannot generalise the impact of the judgement as each case has to be decided separately.

Human rights lawyer Geeta Luthra said that one of the salient aspects of the judgement is what Justice D.Y. Chandrachud said in his part of the judgement about Section 377.

“He says that according to him, Section 377 will have to be revisited… as sexual orientation is inherent to the right to privacy,” Luthra told IANS.

She said that since the court has said it would hear the curative petition on the matter, chances are that Section 377 may be repealed.

“If there are like-minded judges as there were in this constitutional bench, there are chances of the Supreme Court judgement on (upholding) Article 377 being upturned and the High Court judgement (striking down Section 377) being restored,” she said.

In the judgement, Justice Chandrachud has noted that privacy includes the preservation of personal intimacies, the sanctity of family life, marriage, procreation, and sexual orientation.

Luthra said that the government’s Aadhaar scheme may also have to be revisited to be decided in light of the apex court decision.

“This judgement will be used as a guideline to decide on Aadhaar and I think in that sense, even if they approve of Aadhaar, there is the question of whether you should make it compulsory.”

“What will ultimately happen, I feel, is that it is likely to be upheld but not made compulsory,” she said, adding that the government would also need to ensure that the data collected under the Aadhaar scheme is not misused.

In the 547-page judgement, the bench observed that the balance between data regulation and individual privacy “raises complex issues requiring delicate balances to be drawn between the legitimate concerns of the state on one hand and individual interest in the protection of privacy on the other”.

Noted lawyer Prashant Bhushan, who is party to the case, said that any law which restricts fundamental right will have to be examined on the touchstone of the judgement.

“If the government asks for Aadhaar for booking railway tickets or if you buy something then such a law would be considered as unreasonable restriction on right to privacy. I feel it will be struck down,” Bhushan said.

Cyber law expert advocate Prashant Mali said there could be issues regarding defining reasonable restrictions.

“Now with every policy the government brings in with respect to Aadhaar, there can be PIL (Public Interest Litigation) or other litigation questioning if these reasonable restrictions are not clarified,” he told IANS.

However, Constitution expert Subhash Kashyap said that while this judgement gives fresh importance to the right to privacy, every other matter needs to be decided on its merit.

“I think too much is being read into it… It will have bearing on other issues in the sense that right to privacy will be given more importance now but there is no fundamental change,” he told IANS.

Kashyap said that there have been prior judgements holding privacy as a limited fundamental right.

“Even this judgement cannot and does not make it unlimited fundamental right. Restrictions and limitations can be placed on every fundamental right,” he said.

“It will have to be decided in each case whether restrictions and limitations placed either by the state — or by the individual himself — are reasonable or unreasonable.”

(Vishav can be contacted at [email protected])

–IANS
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Foodman Vishal Singh Honored for Hunger Free World Mission in Bangkok

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Lucknow: Vishal Singh, a renowned social worker from Lucknow, also known as Foodman, has once again made India proud. He was honored by the Happy Hands Gloves Cooperative Limited Company in Korathai, Thailand, for his work with the Hunger Free World Mission.

The Hunger Free World Mission’s meeting was held in Korathai, Thailand, under Vishal Singh’s leadership. Representatives from several countries, including Mr. Raja Dwivedi (Managing Director of Happy Hands Gloves Limited), Thailand Coordinator Mr. Raja Mishra, and member Mr. Varun Singh, attended the event.

Under Vishal Singh’s leadership, the attendees took a pledge to work together toward creating a hunger-free world.

Speaking on the occasion, Vishal Singh explained that the main goal of the Hunger Free World Mission is social participation. He said the mission is not just about feeding people but also about meeting other basic needs of those who are struggling. The mission focuses on helping families of terminally ill patients in hospitals by providing food and shelter. It also works to fulfill essential needs like education, jobs, and care for the elderly.

For the last 16 years, the Vijay Sri Foundation has been providing free services, benefiting thousands of people. Vishal Singh highlighted that the mission aims to gain global recognition like other organizations such as WHO, WWF, and Red Cross, which work for social causes.

During this meeting, Vishal Singh was appointed as the Chairman of the Hunger Free World Mission by representatives from various countries. They also discussed holding regular meetings in different countries to push the mission forward.

Business tycoon Dr. Abhishek Verma has also supported this humanitarian mission, vowing to promote the idea of “Seva Parmo Dharma” (Service is the highest duty) worldwide. Vishal Singh praised him, stating that people like Dr .Abhishek Verma inspire others to work for the betterment of society.

Recently, Romania’s Ambassador, Mr . Daniela Sezonov Ţane, invited Vishal Singh to the Romanian Embassy in Delhi, where they discussed the mission in detail. Impressed by his humanitarian work, she honored Vishal Singh and invited him to Romania to take the mission forward .

Food man Vishal Singh has been serving the people of India for the past 16 years. Through the Vijay Sri Foundation, he provides free meals to cancer patients & their families ,shelter, and education for women & children along with running free old-age homes in Lucknow.

In addition to his humanitarian work, Vishal Singh also addresses issues like crime and corruption through his role as Chairman of Seva Path Media and Managing Director of Vijay Sri Foundation.

During the COVID-19 pandemic, Vishal Singh and his team worked tirelessly to provide food and help to the needy, including starving children, elderly citizens, and pregnant women. Despite contracting the virus himself, he continued to assist others after his recovery. He even created a life-saving oxygen regulator using household items, which was praised by doctors both in India and abroad.

In his address at the meeting, Vishal Singh spoke about his mission to create a hunger-free world. He pointed out that India’s large population, along with issues like unemployment and poverty, has caused the country to fall on the Hunger Index. He urged people to contribute just one handful of grains daily to help create a hunger-free world.

He concluded by saying that through social participation, we can empower the people around us, meet their basic needs, and work together to build a stronger, more prosperous, and developed society.

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