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
June 25,2020

Patna, Jun 25: At least 83 people died due to thunderstorms in Bihar in the last 24 hours, according to Chief Minister's Office.

Bihar Chief Minister Nitish Kumar announced Rs 4 lakhs each for the families of deceased.

Thirteen people died in Gopalganj, 8 each in Madhubani and Nawada, 6 each in Baghalpur and Siwan, 5 each in Darbhanga, Banka, East Champaran and 3 each in Khagaria and Aurangabad.

Due to thunderstorms, two people each lost their lives in West Champaran, Kishanganj, Jamui, Jahanabad, Purnia, Supaul, Buxar, Kaimur while one death each was reported in Samastipur, Shivhar, Saran, Sitamarhi and Madhepura.

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Agencies
July 28,2020

New Delhi, Jul 28: Chief Minister Ashok Gehlot had "unconstitutionally" merged six MLAs of the Bahujan Samaj Party (BSP) with the Congress in Rajasthan, he did the same in his earlier tenure too, for which we wanted to teach him and his party a lesson, said BSP chief Mayawati on Tuesday.

The BSP chief added that her party could have gone to courts earlier but decided to wait for the "right opportunity".

"In Rajasthan, after elections results, BSP gave unconditional support of all its 6 MLAs to Congress. Unfortunately, Chief Minister Ashok Gehlot, out of his malicious intent and to damage BSP, merged them with Congress unconstitutionally. He did the same even during his earlier tenure," Mayawati said here.

"BSP could have gone to the court earlier too but we were looking for the time to teach Congress party and CM Ashok Gehlot a lesson. Now we have decided to go to the Court. We will not let this matter alone. We will go even to the Supreme Court," she added.

The BSP chief further reiterated that the party has asked the six MLAs to vote against the Congress government led by Ashok Gehlot if a trust vote takes place on the floor of the Rajasthan Assembly, failing which "their party membership will be cancelled".
She further said that the merger of BSP MLAs with Congress was immoral and went against the mandate given by voters in Rajasthan.
"Ulta-chor kotwal ko daante (the thief accuses the cop of wrongs) they (Congress) themselves indulge in wrongdoing and then accuse us," she further said.
On Sunday, the BSP issued a whip to six MLAs, asking them to vote against Congress in case of a no-confidence motion or any proceedings to be held during the Rajasthan Assembly session.

National General Secretary of BSP Satish Chandra Mishra, while speaking to news agecncy said, "Notices have been issued to the six MLAs separately as well as collectively, pointing out that since BSP is a National Party, there cannot be any merger at the state level at the instance of six MLAs unless there is a merger of BSP at the national level. If they violate it, they will be disqualified.

Notices have been issued to all six MLAs- - R Gudha, Lakhan Singh, Deep Chand, JS Awana, Sandeep Kumar and Wajib Ali, who are elected to the Rajasthan Assembly."
However, later on Monday, Lakhan Singh, hit back saying he and the five others had already joined the Congress.

"We six MLAs have already joined the Congress. BSP remembered us after nine months. They have issued this whip, after a message from the BJP. On this basis they are going to court", said Karauli MLA Lakhan Singh.

Rajasthan government is in turmoil after simmering differences between Deputy Chief Minister Sachin Pilot and Gehlot came out in the open. Pilot was removed as the Deputy Chief Minister and the state unit chief of Congress.

The Congress has accused the BJP of indulging in horse-trading to bring down the Gehlot government. The BJP has rejected the allegations.

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Agencies
July 13,2020

Hyderabad, Jul 13: Family members of Telugu poet and writer Varavara Rao, who is currently lodged in Navi Mumbai's Taloja jail in the Bhima Koregaon case, on Sunday appealed to the government for his immediate release in view of his deteriorating health.

Rao's wife P. Hemalatha and their three daughters urged the government to save his life by shifting him to a hospital or allow them to provide him with immediate medical care.

We want to remind the government that it has no right to deny the right to life of any person, much less an undertrial prisoner," they said.

His family members said they were very much worried about his deteriorating health. They said his health condition had been scary for over six weeks, ever since he was shifted in an unconscious state to JJ Hospital on May 28.

"Even as he was discharged from the hospital and sent back to jail three days later, there has been no improvement in his health and he is still in need of emergency healthcare," Hemalatha said.

"The immediate cause of concern now is that we are very much perturbed at the routine phone call we received from him on Saturday evening. Though the earlier two calls on June 24 and July 2 were also worrying with his weak and muffled voice, incoherent speech and abruptly jumping into Hindi. But the latest call, on July 11 is much more worrisome as he did not answer straight questions on his health and went into a kind of delirious and hallucinated talk about the funeral of his father and mother, the events that happened seven decades and four decades ago respectively," Rao's wife said.

She said her husband's co-accused companion took the phone from him and informed her that he is not able to walk, go to the toilet and brush his teeth on his own.

"We were also told that he is always hallucinating that we, family members, were waiting at the jail gate to receive him as he was getting released. His co-prisoner also said he needs immediate medical care for not only physical but also neurological issues. The confusion, loss of memory and incoherence are the results of electrolyte imbalance and fall of Sodium and Potassium levels leading to brain damage. This electrolyte imbalance may be fatal also."

Stating that Taloja Jail Hospital is not well equipped to handle this kind of serious ailment, they demanded that he be shifted to a fully equipped super specialty hospital to save his life and prevent possible brain damage and risk to life due to electrolyte imbalance.

"At the present juncture we are leaving aside all the pertinent facts like, that the case against him is fabricated; he had to spend 22 months in jail as an undertrial with the process turned into punishment; his bail petitions got rejected at least five times now and even the bail petitions with his age, ill-health and COVID vulnerability as grounds were ignored. His life is the top most concern for us right now. Our present demand is to save his life," the family said.

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