S RAGHAVEENDRAA PRASAD

STUDENT OF SYMBIOSIS LAW SCHOOL HYDERABAD

Abstract

The research paper aims to explain the concept of privacy and the constitutional validity of Aadhaar in India and various case laws related to right to privacy and Aadhar. Right to privacy has been defined under the black laws dictionary as “A person’s right to be let alone and also a right to be free from any unwarranted publicity in matters which the public is not concerned” and the right to privacy is laid down under the Article 21 of the Indian constitution. Right to privacy is considered as a fundamental right and the government of India has an obligation to protect the rights of its citizens. The paper talks about the validity of Aadhar with respect to right to privacy and Aadhar is an identification document which records the details of all the citizens of India and also the Aadhar number is used as an identification number and the government of India has linked Aadhar card with many schemes. Aadhar has many issues related to breach of security and privacy but Aadhar is a clear and clean justified programme by the government of India. In this research paper, the researcher has used Doctrinal research methodology, as he has used the secondary data which is available in articles and published sources on various websites and the reference material that will be used in the research is going to be mainly of secondary in nature. The objective in this research paper is to know the constitutional validity of Aadhar in India. Chapter 1 of the paper briefly gives an introduction about the topic and explains about the Aadhar card and also about the right to privacy in India and chapter 2 of the paper analyses about the jurisprudential overview of right to privacy, constituent assembly debates on right to privacy, and also discusses about the new facets related to privacy in India. Chapter 3 of the paper analyses the Aadhar in India, positive aspects of Aadhar, misuses of Aadhar and mainly analyses the landmark judgment of Aadhar in a majority and minority view and the chapter 4 of the paper analyses the topic in detail and concludes. The present paper takes it as a task to explain the validity of Aadhar with respect to right to privacy in India.

Keywords – Right to privacy, Aadhar, privacy, fundamental right, Identity