THE CONCEPT OF RIGHT TO PRIVACY AND CONSTITUTIONAL VALIDITY OF AADHAAR

Volume : VII, Issue : VIII, August - 2018

Jeevalaya. V

The term privacy is considered to be the crucial term in our society which has emerged recently and our society has witnessed this

term for the past few years. In the recent times, there has been numerous debates on the concept of right to privacy i.e. whether

our Constitution guarantees the right to privacy and its reasonable restrictions, its non– recognition by some courts and this right

has been recognised by the other courts. A lot of Indian Jurists has thought whether Art. 21 which guarantees right to life includes

right to privacy also. But there is no clear cut legal or theoretical frame work to help us in this context. According to Clinton

Rossiter Privacy is a special kind of independence, which can be understood as an attempt to secure autonomy in at least a few

personal and spiritual concerns, if necessary in defiance of all the pressures of modern society. It is an attempt that is to say to do

more than maintain a posture of self–respecting independence toward other men; it seeks to erect an uneakable wall of dignity

and reserve against the entire world. This paper deals with the concept of privacy and the constitutional validity of aadhaar and

various case laws related to right to privacy in India.

RESEARCH PROBLEM:

What is the constitutional validity of aadhaar under the Constitution of India and its scope in ICCPR, UDHR?