Supreme Court rules Right to Privacy as Fundamental Right

Agencies
August 24, 2017

New Delhi, Aug 24: In a landmark judgement that will impact the lives of all 134 crore Indians and may give a massive jolt to government's Aadhaar push, a nine-judge Supreme Court bench today said Right to Privacy is a Fundamental right.

Delivering a unanimous verdict, Supreme Court overruled eight-judge bench judgment in MP Sharma case and six-judge bench judgment in Kharak Singh case -- both of which had ruled that privacy is not a Fundamental Right.

Supreme Court said Right to Privacy is intrinsic to Right to Life granted under Article 21 of the Constitution.

However, the court has not ruled on the validity of sharing information under Aadhaar today. Now a five-judge bench of the apex court will test the validity of Aadhaar from the aspect of privacy as a Fundamental Right.

The contentious issue had emerged when the apex court was dealing with a batch of petitions challenging the government's move to make biometric-based Aadhaar mandatory for availing the benefits of various social welfare schemes.

The Chief Justice JS Khehar-headed Constitution bench had reserved its verdict on August 2 after hearing marathon arguments for six days over a period of three weeks.

While reserving the verdict on August 2, the bench had voiced concern over the possible misuse of personal information in the public domain and said that protection of the concept of privacy in the all-pervading technological era was a "losing battle".

However, during the arguments, the bench had on July 19 observed that the right to privacy cannot be an absolute right and the state may have some power to put reasonable restrictions.

Acknowledging the challenge involved, Justice Chandrachud, on the last day of hearing, tentatively outlined a proposal -a three-tier, graded fundamental right status to privacy.

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Agencies
August 2,2020

New Delhi, Aug 2: BCCI president Sourav Ganguly on Sunday said the Women's IPL or the Challenger series, as it is better known, is "very much on", ending speculation about the parent body not having a plan for Harmanpreet Kaur and her team.

The men's IPL will be held between September 19 and November 8 or 10 (final date yet to be locked in) in the UAE due to the surge in Covid-19 cases in India. The women's IPL will also be fit in to the schedule, according to the BCCI chief.

"I can confirm to you that the women's IPL is very much on and we do have a plan in place for the national team also," Ganguly told PTI ahead of the IPL Governing Council meeting later on Sunday.

The BCCI president, who is awaiting a Supreme Court verdict on waiver of the cooling-off period to continue in the position, did not divulge details but another senior official privy to the development said that women's Challenger will be held during the last phase of IPL like last year.

"The women's Challenger series is likely to be held between November 1-10 and there could be a camp before that," the source said.

The former India captain also said that the centrally contracted women players will have a camp which has been delayed due to the prevailing situation in the country.

"We couldn't have exposed any of our cricketers -- be it male or female to health risk. It would have been dangerous," Ganguly said.

"The NCA also remained shut because of Covid-19. But we have a plan in place and we will have a camp for women, I can tell you that," he added.

The BCCI's cricket operations team is chalking up a schedule where Indian women are likely to have two full-fledged white-ball series against South Africa and the West Indies before playing the ODI World Cup in New Zealand. 

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News Network
March 4,2020

Mumbai, Mar 4: BJP leader Devendra Fadnavis on Tuesday said Maharashtra Chief Minister Uddhav Thackeray should not give "vague" replies on the 5 per cent Muslim quota issue and declare "with courage" that his government will not bring law granting reservation to the minority community.

Mr Fadnavis made the remark after Mr Thackeray, during a press conference earlier in the day, said he has not yet received the proposal regarding giving quota to Muslims and that the Shiv Sena-led government is yet to take any decision on it.

Mr Thackeray made the comments after Maharashtra Minority Affairs Minister Nawab Malik recently said in the legislative council that thestate government will provide 5 per cent quota to Muslims in education.

Mr Malik, an NCP leader, had also said the state government will ensure that a legislation to this effect is passed soon.

The NCP and the Congress, both proponents of Muslim quota, are constituents of the Sena-led Maha Vikas Aghadi government.

Asked about Mr Thackeray's remarks on the issue, Mr Fadnavis said instead of making comments at the press conference, the chief minister should make a statement in the legislature which is currently having its budget session.

The Leader of the Opposition in the assembly said that Mr Malik's opinion is the official position of the government as the minister had talked about giving quota in the council.

"So, instead of making vague comments in the press conference, the chief minister should say in the council that it is not his view (the one expressed by chief minister).

"The chief minister gave vague answers during the press conference, saying the proposal has not come to him. Your minister (Malik) only has said it," Mr Fadnavis told reporters outside the legislature building complex.

The BJP leader maintained there is no provision in the Constitution for religion-based reservation in government jobs or education.

"Say with courage that you will not give the quota, that the Constitution doesn't accept quota based on religion. Hence, we (the government) will not bring law granting quota," the former Chief Minister said.

Mr Fadnavis claimed that if given within the 50 per cent ceiling set by the Supreme Court, the Muslim quota will affect the existing reservation granted to OBCs.

"And if given outside it, it will affect Maratha quota," he added.

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Agencies
May 31,2020

New Delhi, May 31: Congress leader Kapil Sibal on Sunday questioned the Prime Minister on how much money has been given to labourers from the PM-CARES Fund.

"I would like to ask Prime Minister Modi, 'Can you tell us how much money did you give to labourers from your PM-CARES Fund?' I request him to answer this question. Many people died during this period, some died while walking, some died in the train, some died of hunger," Sibal said while addressing a virtual press conference.

The senior Congress leader further asked how much ex gratia did the Prime Minister give to the labourers who died in the corona crisis while negotiating the lockdown.

"I refer you to Section 12 of the Disaster Management Act. It says that ex gratia assistance on account of the loss of life and also assistance for the restoration of livelihood should be provided by the government. Did the government give ex gratia assistance to people who died in the crisis? The act also mentions special provisions for widows and orphans. The government should clarify how much assistance they gave to such people," he said.

Sibal said that the government should keep aside its agenda for the last six years and concentrate on making pro-poor policies.

"In the coming days, our economy is going to go into the negative territory as also confirmed by RBI. There are 45 crore labourers in our country. What will be their state? We have to look at our future. That is why we want to request the government that the agenda that they have run over the last six years should be kept aside and that government should care about the poor and draft policies for them," the Congress leader said.

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