Justice K.S. Puttaswamy, a retired judge of the Karnataka High Court, who played a transformative role in shaping India's understanding of privacy rights, passed away recently. At 94, he leaves behind a powerful legacy, having reshaped the discourse around civil liberties, particularly privacy, which he championed in his challenge to the Aadhaar program. His contributions set legal precedents that will continue to protect individual freedoms in India for generations to come.
The Beginning of the Aadhaar Challenge
Puttaswamy’s fight began in 2012 when he filed a petition challenging the constitutionality of Aadhaar, India's unique identification program. The government envisioned Aadhaar as a tool to streamline welfare services, eliminate duplicity, and curb corruption. However, critics, including Puttaswamy, were concerned about its potential to invade personal privacy and lack of proper safeguards against misuse of citizens' biometric and demographic data.Puttaswamy’s concern was grounded in the possible misuse of data collected under Aadhaar. He argued that the government's mandate to link various public services with Aadhaar and its expansive data collection infringed on the fundamental right to privacy, a right that had not been formally acknowledged in the Indian Constitution. The petition became a national debate, sparking discussions on the role of the state in citizens' private lives and marking a turning point in India's approach to privacy rights.
The Landmark Judgment: Privacy as a Fundamental Right
The Puttaswamy case catalyzed the landmark 2017 Supreme Court judgment, in which a nine-judge bench unanimously declared that the right to privacy is intrinsic to life and liberty and, therefore, a fundamental right under Article 21 of the Constitution. This historic decision elevated individual privacy to the same level as other fundamental rights, setting a significant precedent for future cases.Justice D.Y. Chandrachud, who authored the main judgment, observed, “Privacy is the ultimate expression of the sanctity of the individual” acknowledging that privacy underpins personal liberty, autonomy, and dignity. This judgment paved the way for strengthening data protection frameworks in India and amplified the call for greater scrutiny and limitations on government data collection.
Aadhaar and the Limits on Privacy Invasion
Despite the declaration of privacy as a fundamental right, the Aadhaar case continued to be a contentious issue. In 2018, the Supreme Court upheld the constitutional validity of Aadhaar in a 4:1 verdict but imposed restrictions to protect individuals’ privacy. It ruled that Aadhaar could not be mandatory for services not funded by the government, like bank accounts, mobile phone connections, and educational admissions, though it remained essential for accessing welfare schemes. Justice K.S. Puttaswamy’s efforts ensured that a system originally intended to secure welfare did not infringe on personal liberties without accountability.A Legacy of Civil Liberties Advocacy
Justice K.S. Puttaswamy was not an activist by traditional standards, but his commitment to upholding fundamental rights resonated widely. His age did not deter him from challenging the government on one of the most critical issues of our time. His persistence brought about a transformative legal and cultural change in India, making citizens more aware of their rights and pushing for greater government accountability.His battle for privacy reverberated internationally, highlighting India's commitment to civil liberties amidst the global trend of data-centric governance. Countries worldwide are grappling with balancing national interests and individual freedoms, and Puttaswamy’s contributions provide a template for similar legal battles elsewhere.
The Road Ahead: India’s Data Privacy Landscape
With the Data Protection Act on the horizon, Puttaswamy’s advocacy remains highly relevant. Although the Supreme Court's verdict in the Aadhaar case placed restrictions on privacy infringements, India still faces challenges in implementing a comprehensive privacy framework. Justice Puttaswamy’s work continues to serve as a guiding light for advocates and legislators shaping data protection laws in India.Remembering Justice Puttaswamy
Justice K.S. Puttaswamy will be remembered as a quiet but firm warrior for civil liberties. His dedication to upholding privacy rights against a powerful state apparatus left an indelible mark on Indian jurisprudence. He inspired millions to question and hold authorities accountable, making his legacy as significant as the case he championed.Justice Puttaswamy’s contribution to India’s legal landscape is a reminder of the essential balance between technology and privacy and of the need to protect individual rights in an increasingly digital world. As India advances in its pursuit of technological innovation, his memory stands as a symbol of vigilance, reminding us all to cherish and safeguard our fundamental freedoms.
