Question: Who owns the rights to the Amalgam Universe?

DC Comics and Marvel Characters, Inc. co-own the copyrights to the various Amalgam comics. Visit copyright.gov, click on search records, then on post-1978 records and enter amalgam...

Who owns the Amalgam Universe?

DC Comics The Official Handbook of the Marvel Universe: Alternate Universes 2005 designated the Amalgam Universe as Earth-9602 in the Marvel Multiverse....Amalgam Comics.Amalgam Comics logoParent companyDC Comics (WarnerMedia) Marvel Comics (The Walt Disney Company)Founded1996Defunct1997Country of originUnited States2 more rows

How was the amalgam universe created?

The Amalgam Universe is a parallel universe created and destroyed as a result of a cross-Multiversal conflict between warring cosmic beings.

Who owns the rights to DC Comics?

Warner Bros. Entertainment In 1969, DC Comics was purchased by Warner Bros. Entertainment and has remained within the companies network ever since. As of right now, however, both DC Comics and Warner Bros are offshoots of American telecommunications company Time Warner.

Is there a character owned by DC and Marvel?

Notes. Access (Axel Asher) is owned by both DC Comics and Marvel Comics. He made his first appearance in DC Versus Marvel # (March 1996), a special crossover between the two companies. He was intended both as a way to explain the events of the story as well as a means to enable more such crossovers in the future.

Who won Marvel vs DC?

The result of the following five battles were determined by the readers votes: Superman (DC) vs. the Hulk (Marvel). After exchanging punches and a burst of heat vision, Superman won the fight eventually.

Which universe is darker DC or Marvel?

DC storylines are darker and edgier than Marvel, making them much more compelling. Darker storylines are more challenging to the viewer because often, the characters face uncomfortable truths and realities which challenge their views and ideals.

Is Superman owned by Disney?

Disney may not own DC Comics, but that hasnt stopped them from creating their own versions of Superman and Batman from popular characters! Disney may have acquired both Star Wars and Marvel Comics in recent years, but DC Comics remains separate from this company.

Is Marvel or DC better?

While both comics publishers present a make-believe universe, Marvel brings more realism to a fantasy world. In addition, marvel takes more risks, so they come out with highly unique movies such as Guardians of the Galaxy. However, DC is better at giving their characters depth and backstories (ex. Batman).

Which is better Marvel or DC?

While both comics publishers present a make-believe universe, Marvel brings more realism to a fantasy world. In addition, marvel takes more risks, so they come out with highly unique movies such as Guardians of the Galaxy. However, DC is better at giving their characters depth and backstories (ex. Batman).

Why is DC Comics Dark?

Having abandoned classic tropes of characterization of the conflict of good and evil and of idealism versus cynicism over a decade ago now most comics are left with nothing but shock value and hence the darkness.

Who is the most powerful villain in DC and Marvel?

With that said, lets jump right into Marvel Vs Dc: The 30 Most Powerful Villains, Officially Ranked.1 Anti-Monitor.2 Mister Mxyzptlk. ... 3 Imperiex. ... 4 Doctor Doom. ... 5 Mephisto. ... 6 Trigon. ... 7 Dormammu. ... 8 Darkseid. ... More items...•Jun 25, 2018

Who is the oldest DC superhero?

The character Doctor Occult, created by Jerry Siegel and Joe Shuster in December 1935 within the issue No. 6 of New Fun Comics, is considered as the earliest recurring superhero created by DC that is still used.

Is Marvel or DC older?

Looking back at the publication release dates of both DC and Marvel in comics, DC came out first. It was first known as Detective Comics Inc. ... Marvel only came out five years later, in 1939, with Marvel Comics #1.

Who is the weakest DC character?

Color Kid Though he has a lot of heart and some really interesting—and helpful! —abilities, Color Kid is TRULY the weakest DC Comics hero.

For Chief Justice, himself and A. Introduction and Preliminaries: It is better to be unique than the best. Because, being the best makes you the number one, but being unique makes you the only one.

A word from Hindi dictionary has assumed secondary significance. It is described as unique for various reasons. It has become a symbol of digital economy and has enabled multiple avenues for a common man. Its use is spreading like wildfire, which is the result of robust and aggressive campaigning done by the Government, governmental agencies and other such bodies. In this way it has virtually become a household symbol. The Government boasts of multiple benefits of Aadhaar.

According to them, Aadhaar is a serious invasion into the right to privacy of persons and it has the Writ Petition Civil No. There has been no other subject matter in recent past which has evoked the kind of intensive and heated debate wherein both sides, for and against, argue so passionately in support of their respective conviction.

The petitioners in these petitions belong to the latter category who apprehend the totalitarian state if Aadhaar project is allowed to continue. They are demanding scrapping and demolition of the entire Aadhaar structure which, according to them, is anathema to the democratic principles and rule of law, which is the bedrock of the Indian Constitution. The petitioners have challenged the Aadhaar project which took off by way of administrative action in the year 2009.

The wide range of issues involved in this case is evident from the fact that it took almost four months for the parties to finish their arguments in Who owns the rights to the Amalgam Universe? cases, and the Court witnessed highly skilled, suave, brilliant and intellectual advocacy, with the traces of passions as Writ Petition Civil No.

Even outside the Court, there are groups advocating in favour of the Aadhaar scheme and those who are stoutly opposing the same. Interestingly, it is not only the commoners who belong to either of the two groups but intelligentsia is also equally divided.

There have been number of articles, interviews for discourses in favour of or against Aadhaar. Those in favour see Aadhaar project as ushering the nation into a regime of good governance, advancing socio-economic rights, economic prosperity etc.

Venugopal, learned Attorney General for India, referred to the commendations by certain international bodies, including the World Bank.

We clarify that we have Who owns the rights to the Amalgam Universe? been influenced by such views expressed either in favour or against Aadhaar. Those opposing Aadhaar are apprehensive that it may excessively intrude into the privacy of citizenry and has the tendency to create a totalitarian state, which would impinge upon the democratic and constitutional values.

Notwithstanding the passions, emotions, annoyance, despair, Writ Petition Civil No. Pravesh Khanna, by filing Writ Petition Civil No. At that time, Aadhaar scheme was not under legislative umbrella. In the writ petition the scheme has primarily been challenged on the ground that it violates fundamental rights of the innumerable citizens of India, namely, right to privacy falling under of the Constitution of India.

Few others joined the race by filing connected petitions. Series of orders were passed in this petition from time to time, some of which would be referred to by us at the appropriate stage.

In 2016, with the passing of the Aadhaar Act, these very petitioners filed another writ petition challenging the vires of the Act. Here again, some more writ petitions have been filed with the Who owns the rights to the Amalgam Universe?

objective. All these writ petitions were clubbed together. In the fourth meeting held on December 22, 2006, various aspects of proposed data elements and their formats were discussed.

The Committee, inter alia, took the following decisions: Writ Petition Civil No. At this meeting, Who owns the rights to the Amalgam Universe? consensus emerged on the following points: i There is a clear need for creating an identity related Writ Petition Civil No. A series of meetings took place thereafter to work out the Who owns the rights to the Amalgam Universe? of the programme. Certain issues were raised therein and to address those issues, a Committee of Secretaries was formed.

I was issued on January Writ Petition Civil No. As they say, rest is history, which we recapitulate in brief hereinafter. Staff was also allocated to it. Meetings of the core group took place from time to time. The status of digitisation of Writ Petition Civil No. This and other steps taken in this direction culminated in issuance of Notification dated July 02, 2009 whereby Mr.

He assumed charge on July 24, 2009. Some other Committees like the Biometrics Standard Committee, Demographic Data Standards and Verification Procedure Committee were set up as a support system to the project, which submitted their respective reports in December 2009. It was felt that crucial to the achievement of this goal is the active participation of the central, state and local Governments as well as public and private sector entities.

Only with their support will the project be able to realise a Who owns the rights to the Amalgam Universe? vision of inclusion and development in India. Rationale for inclusion of iris biometrics was also submitted with the aforesaid Cabinet Note to explain the need for capturing iris scans at the time of capturing biometric details. There were studies from time to time on the effectiveness of the enrolment process.

On the first anniversary of Aadhaar launch, which fell on September 29, 2011, announcement was made that 10 crores enrolments and generation of more than 3. This Report showcased the high accuracy Writ Petition Civil No. The study conducted in the rural setting representing typical demography of the population established that it is technically possible to use fingerprint to authenticate a resident in 98.

Further improvement is possible if the device specifications are tightened to include only the best devices and certain mechanical guide is used to aid proper placement of the finger. It was also demonstrated through benchmarking that the authentication infrastructure is able to sustain one million authentications per hour. This Report based on an empirical study of 5833 residents demonstrated iris authentication to be viable in Indian context. With current Who owns the rights to the Amalgam Universe?

of device readiness for Writ Petition Civil No. Suggestions made in this document for the vendors, once implemented, will improve the rates further. The overall systems — network and software — have shown to meet desired requirements in real life condition. Finally, six different devices with variety of form and function are available to provide competitive vendor eco-system.

As pointed out above, this writ petition assailed Aadhaar scheme primarily on the ground that it violates right to privacy which is a facet of fundamental rights enshrined in of the Constitution. The stand taken by the respondents, inter alia, was that Writ Petition Civil No. Magistrate, Delhi and 4 Others 1. This is notwithstanding the fact that thereafter in many judgments rendered by this Court, right to privacy was accepted as a facet of Contention of the respondents, however, was that those judgments were contrary to the dicta laid down in M.

Sharma and were, therefore, per in curium. The matter on this aspect was heard by a three Judge Bench and after hearing the parties, the Bench deemed it appropriate to make the reference to the Constitution Bench. A five Judge Bench was constituted, which after considering the matter, referred the same to a nine Judge Bench to resolve the controversy in an authoritative manner.

The nine Judge Bench judgment has given an unanimous answer to the Reference with conclusive, unambiguous and emphatic determination that right to privacy is a part of fundamental rights which can be traced to Articles 14, 19 and 21 of the Constitution of India.

List all matters for final hearing after the Constitution Bench is over. In the meanwhile, no person should suffer for not getting the Aadhaar card in spite of the fact that some authority had issued a circular making it mandatory and when any person applies to get the Aadhaar card voluntarily, it may be checked whether that person is entitled for it under the law and it should not be given to any illegal immigrant.

In view thereof, notice be issued to all the States and Union Territories through standing counsel. Since Union of India is represented by learned Solicitor General and all the States are represented through their respective counsel, we expect that both the Union of India and States and all their functionaries should adhere to the order passed by this Court on 23rd September, 2013.

The Union of India shall give wide publicity in the electronic and print media including radio and television networks that it is not mandatory for a citizen to obtain an Aadhaar card. The production of an Aadhaar card will Who owns the rights to the Amalgam Universe?

be condition for obtaining any benefits otherwise due to a citizen. The information about an individual obtained by the Unique Identification Authority of India while issuing an Aadhaar card shall not be used for any other purpose, save as above, except as may be directed by a Court for the purpose of criminal investigation. After hearing the learned Attorney General for India and other learned senior counsels, we are of the view that in paragraph 3 of the order dated 11.

Therefore, we now include the aforesaid Schemes apart from the other two Schemes that this Court has permitted in its earlier order dated 11. We impress upon the Union of India that it shall strictly follow all the earlier orders passed by this Court commencing from 23. We will also make it clear that the Aadhaar card scheme is purely voluntary and it cannot be made mandatory till the matter is finally decided by this Court one way or the other.

Annexure P-5, P-6, P-7 for Pre-Matric Scholarship Scheme, Post-Matric Scholarship Scheme and Merit-cum- Means Scholarship Scheme to the extent they have made submission of Aadhaar mandatory and direct the Ministry of Electronics and Information Technology, Government of India, i. In the said special leave petition, order dated March 24, 2014 was passed staying the operation of the orders of the Bombay High Court. In addition to normal mode of service, dasti service, is permitted.

In the meanwhile, the present petitioner is restrained from transferring any biometric information of any person who has been allotted the Aadhaar number to any other agency without his consent in writing.

Tag and list the matter with main matter i. This order was extended thereafter and continues to operate. In the same manner, vide order dated March 16, 2012 it was noted that the Government had set up a task force under the Chairmanship of Mr.

In the same very case above, which also pertained to providing night shelters to homeless destitute persons, some orders were passed on February 10, 2010 3 as well as on September 14, 20114. The aim was to serve this as proof of identity, which is unique in nature, as each individual will have only one identity with no chance of duplication.

Another objective was that this number could be used for identification of beneficiaries for transfer of benefits, subsidies, services and other purposes.

This was the primary reason, viz. It was felt that the identification of real and genuine beneficiaries had become a challenge for the Government. In the Writ Petition Civil No.

As per the Government, failure to establish identity was proving to be major hindrance for the successful implementation of the welfare programmes and it was hitting hard the marginalised section of the society and, in particular, women, children, senior citizens, persons with disabilities, migrant unskilled and organised workers, and nomadic tribes. These residents also started using Aadhaar number allotted to them. It was found that over a period of time, the Who owns the rights to the Amalgam Universe?

of Aadhaar number had increased manifold. This necessitated ensuring security of the information contained in Aadhaar number as well as the information that generated as a result of the use of Aadhaar numbers. Who owns the rights to the Amalgam Universe?

was, thus, felt desirable to back the system with a Parliamentary enactment. It was meant primarily to lay down policies and to Writ Petition Civil No. This number wold serve as proof of identity and could be used for Who owns the rights to the Amalgam Universe? of beneficiaries for transfer of benefits, subsidies, services and other purposes.

Later on, it was felt that the process of enrollment, authentication, security, confidentiality and use of Aadhaar related information be made statutory so as to facilitate the use of Aadhaar number for delivery of various benefits, subsidies and services, the expenditures of which were incurred from or receipts therefrom formed part of the Consolidated Fund of India. The Aadhaar Targeted Delivery of Financial and Other Subsidies, Benefits and Services Bill, 2016 inter alia, provides for establishment of Unique Identification Authority of India, issuance of Aadhaar number to individuals, maintenance and updating of information in the Central Identities Data Repository, issues pertaining to security, privacy and confidentiality of information as well as offences and penalties for contravention of relevant statutory provisions.

The Aadhaar Targeted Delivery of Financial and Other Subsidies, Benefits and Services Bill, 2016, inter alia, seeks to provide for— a issue of Aadhaar numbers to individuals on providing his demographic and biometric information to the Unique Identification Authority of India; b requiring Aadhaar numbers for identifying an individual for delivery of benefits, subsidies, and services the expenditure is incurred from or the receipt therefrom forms part of the Consolidated Fund of India; Writ Petition Civil No.

Preamble to this Act again emphasises the aim and objective which this Act seeks to achieve. Some of the definitions can be noted at this stage itself, while other relevant definitions would be mentioned at the appropriate stage.

Sub-section 2 of stipulates that the enrolling agency shall, at the time Who owns the rights to the Amalgam Universe? enrolment, inform the individual undergoing enrolment of the following details in such manner as may be specified by regulations, namely: a the manner in which the information shall be used; b the nature of recipients with whom the information is intended to be shared during authentication; and c the existence of a right to access information, the procedure for making requests for such access, and details of the person or department in-charge to whom such requests can be made.

In this sense, Writ Petition Civil No. Special measures for issuance of Aadhaar number to certain category of persons. Where the Aadhaar number is not assigned, proviso to lays down Writ Petition Civil No. This authentication is in relation to biometric information or demographic information of an Aadhaar number holder. Proof of Aadhaar number necessary for receipt of certain subsidies, benefits and services, etc. As perthe Central Government, by notification, shall Writ Petition Civil No.

Notification dated July 12, 2016 was issued by the Central Government establishing the Authority. Other provisions in this Chapter deal with the composition of the Authority, qualifications for appointment of the Chairperson and Members of Authority; term of their office and their removal; and restrictions on their employment after cessation of office.

Powers and functions of the Authority are stipulated in. Section 28 of the Aadhaar Act puts an obligation on the Authority to ensure the security of identity information and authentication records of individuals.

Likewise, imposes certain restrictions on sharing information i. The biometric information collected and Writ Petition Civil No. Security and confidentiality of information. Biometric information deemed to be sensitive personal information. It also carves out another exception in those cases where it becomes necessary to disclose the information in the interest of national security in pursuance of a direction of an officer not below the rank of Joint Secretary to the Government of India specially authorised in this behalf by an order of the Central Government.

For our purposes, relevant Section is which makes act of disclosing identity information as offence which is punishable with imprisonment for a term which may extend to three years or with a fine which may extend to ten thousand rupees. In the case of a company, this fine can extend to one lakh rupees. Cognizance of offences under this Chapter can be taken by a court only on a complaint made by the Authority or any officer or person authorised by it. Such Rules and Regulations are to be laid before the Parliament, as provided in.

Act not to prevent use of Aadhaar number for other purposes under law. This Writ Petition Civil No. I, dated the 28th January, 2009, or by the Department of Electronics and Information Technology under the Cabinet Secretariat Notification bearing Notification Number S. Demographic information required for enrolment. The Aadhaar Authentication Regulations, 2016 3. Capturing of biometric information by requesting entity.

Process of sending authentication requests. Maintenance of logs by requesting entity. The authentication logs shall not be used for any purpose Who owns the rights to the Amalgam Universe?

than stated in this sub-regulation. Storage and Maintenance of Authentication Transaction Data. The Aadhaar Data Security Regulations, 2016 3. Measures for ensuring information security. Security obligations of service providers, etc. The Aadhaar Sharing of Information Regulations, 2016. Sharing of information by the Authority. Restrictions on sharing, circulating or publishing of Aadhaar number.

For the purpose of enrolment and assigning Aadhaar numbers, enrolling agencies are recruited by the Authority. All the residents in India are eligible to obtain an Aadhaar number. To enable a resident to get Aadhaar number, he is required to submit demographic as well as biometric information i.

Aadhaar number given to a particular Writ Petition Civil No. Insofar as subsidies, benefits or services to be given by the Central Government or the State Government, as the case may be, is concerned, these Governments can mandate that receipt of these subsidies, benefits and services would be given only on furnishing proof of possession of Aadhaar number or proof of making an application for enrolment, where Aadhaar number is not assigned. An added requirement is that such individual would undergo authentication at the time of receiving such benefits etc.

On receiving this information and for the purpose of its authentication, the said agency, known as Requesting Entity, would send the request to the Authority which shall perform the job of authentication of Aadhaar number. On confirming the identity of a person, the individual is entitled to receive subsidy, benefit or service. Aadhaar number is permitted to be used by the holder for other purposes as well.

Aadhaar number Who owns the rights to the Amalgam Universe? also be used for purposes other than stated in the Act i. It can be used as a proof of identity, like other identity Writ Petition Civil No.

It militates against the constitutional abiding values and its foundational morality and has the potential to enable an intrusive state to become a surveillance state on the basis of information that is collected in respect of each individual by creation of a joint electronic mesh.

In this manner, the Act strikes at the very privacy of each individual thereby offending the right to privacy which is elevated and given the status of fundamental right by tracing it to Articles 14, 19 and 21 of the Constitution of India by a nine Judge Bench judgment of this Court in.

Most of the counsel appearing for different petitioners though not all conceded that there cannot be a serious dispute insofar as allotment of Aadhaar number, for the purpose of unique identification of the residents, is concerned. The entire edifice of the aforesaid projection is based on the premise that it forces a person, who intends to enrol for Aadhaar, to part with his core information namely biometric information in the form of fingerprints and iris scan.

These are to be given to the enrolment agency in the first instance which is a private body and, thus, there is risk of misuse of this vital information pertaining to an individual. Further, it is argued that the most delicate and fragile part, susceptible to misuse, is the authentication process which is to be carried out each time the holder of Aadhaar number wants to establish her identity.

Such information relating to different transactions of a person across the life of the citizen is connected to a central database.

This record may enable the State to profile citizens, track their movements, assess their habits and silently influence their behaviour. Over a period of time, the profiling would enable the State to stifle dissent and influence political decision making.

It may also enable the State to act as a surveillant state and there is a propensity for it to Writ Petition Civil No.

It is stressed that at its core, Aadhaar alters the relationship between the citizen and the State. It diminishes the status of the citizen. Rights freely exercised, liberties freely enjoyed, entitlements granted by the Constitution and laws are all made conditional, on a compulsory barter.

To put it in nutshell, provisions of the Aadhaar Act are perceived by the petitioners as giving away of vital information about the residents to the State not only in the form of biometrics but also about the movement as well as varied kinds of transactions which a resident would enter into from time to time. The threat is in the form of profiling the citizens by the State on the one hand and also misuse thereof by private agencies whether it is enrolling agency or requesting agency or even private bodies mentioned in of the Act.

In other words, it is sought to be highlighted that there is no assurance of any data protection at Writ Petition Civil No. Secondly, no other information is stored. It is emphasised that there is no data collection in respect of religion, caste, tribe, language records of entitlement, income or medical history of the applicant at the time of Aadhaar enrolment.

Same is the situation at the time of authentication as biometric information does not remain with the requesting agency.

Who owns the rights to the Amalgam Universe?, while undertaking the authentication process, the Authority simply matches the biometrics and no other information is received or stored in respect of purpose, location or nature or transaction etc.

Therefore, the question of profiling does Writ Petition Civil No. A powerpoint presentation was given by Dr. Thus, it is purpose blind. The Aadhaar Authentication Security has been described in the following manner: 49 In this hue, the Authority has projected that the Aadhaar design takes full care of privacy and security of the persons. The de-duplication result with the reference number is mapped back to the correct enrolment number by the Authorities own enrolment server.

They only store template for the purpose of de- Writ Petition Civil No. Hence, they cannot be accessed through an online network. The mixed biometric have been adopted only t enhance the accuracy and to reduce the errors which may arise on account of some residents either not having biometrics or not having some particular biometric.

This Board and Committee consists of very high profiled officers. The aforesaid security measures are shown by the Authority in the following manner: Writ Petition Civil No. Pandey on the aforesaid lines, certain questions were put to him by Mr. Shyam Divan as well as Mr. Vishwanathan, senior advocates, and the answers thereto were given by Dr. In order to have the complete picture, we will be well advised to reproduce these questions and their answers as well, which are as follows: 53 Questions and Answers to the queries raised by the petitioners in W.

Union of India 1 What are the figures for authentication failures, both at the national and state level? Please provide a breakup, between fingerprints and iris. In the case of a leprosy patient, who may not be able to do fingerprint authentication, iris Writ Petition Civil No. This was the reason for multi-modal enrolment and authentication being selected for use in Aadhaar. Only in an unlikely scenario where both iris and fingerprint cannot be used for authentication, the mobile number is one of the methods for authentication.

In cases where authentication through mobile number is not possible or feasible, the requesting entities have to provide their own exception and backup mechanism to ensure services to Aadhaar holders. This is a simple off-line mechanism to quickly verify the legitimacy of the Aadhaar card.

But, it does not ensure that the person holding the card is the owner of that Aadhaar number. The Aadhaar Act and Aadhaar Enrolment and Update Regulations, 2016 define special provision for enrolment of residents with biometric exception.

The disclosure requirement as per Section 3 2 of the Aadhaar Act and the Aadhaar Enrolment and Update Regulations, 2016 Schedule-I is implemented through the enrolment form which is signed by the resident making it informed disclosure. However, residents have the option of permanently locking their biometrics and only temporarily unlock it when needed for biometric authentication as per Regulation 11 of the Authentication Regulations.

Please provide the number of enrolments done by them? The resident is advised to re-enroll. In case an enrolment is rejected either for: a duplicate enrolment and b other technical reason under Regulation 14 of the Aadhaar Enrolment Regulations, what happens to the data packet that contains the stored biometric and demographic information?

These figures do not pertain to the number of unique individuals who have been denied Aadhaar enrolment resulting in no Aadhaar issued to them. This figure merely pertains to the number of applications which have been identified by the Aadhaar de- Writ Petition Civil No. The biometric de-duplication system is designed to identify as duplicate those cases where any one of the biometrics ten fingers and two irises match.

However, very often it is found that all the biometrics match. It is highly improbable for the biometrics to match unless the same person has applied again. There are a number of reasons why the same person might apply more than once.

For instance, many individuals innocently apply for enrolment multiple times because of the delay in getting their Aadhaar cards due to postal delays, loss or destruction of their cards or confusion about how the system works. One of their main reasons for rejection is that multiple people would put their biometric details like fingerprints for Aadhaar generation either as a fraudulent exercise or by mistake, which also would get rejected. There were many fakes and frauds in the earlier systems and several reports have Writ Petition Civil No.

Then, there would also be several such people who may have tried to defraud the Aadhaar enrolment system as well but failed get multiple Aadhaar numbers due to the stringent Aadhaar de-duplication process. Thus, the mere fact that 6. Any genuine person who does not have an Aadhaar number and whose enrolment has been rejected can always apply again for enrolment. It is worth noting that none of the de- duplication rejects have come forward to lodge complaints either with the Authority or with the Government about denial of Aadhaar number.

None of them have even approached any Court of law. Evidently, the genuine residents have got themselves re-enrolled and the rest are those who were trying to reach the Aadhaar system by fraudulent means. That explains why no one has approached a court of law complaining denial of Aadhaar number. These rejections are due to various technical reasons like: Who owns the rights to the Amalgam Universe? data quality reject such as address incomplete, name incomplete, use of expletives in names, address Who owns the rights to the Amalgam Universe?.

Those whose enrolments have been rejected for any reason and who do not have Aadhaar can re-enrol and obtain Aadhaar. Rejection of enrolments do not mean that the person will never be able to get Aadhaar. For Verification based on Documents, the verifier present at the Enrolment Centre will verify the documents.

Each enrolment is biometrically de-duplicated against all 1. One of the key goals of Aadhaar is to issue a unique identity for the residents of India. Hence, each enrolment is biometrically de-duplicated against all 1. Section 4 of Aadhaar lays down the properties of an Writ Petition Civil No. If biometrics are captured it will lead to successful authentication.

If biometrics are not well captured during authentication or an impostor tries authentication, it will lead to authentication failure. However, the Aadhaar Act and Regulations provides that an Aadhaar number holder cannot be denied service due to the failure of Aadhaar authentication. Hence, all Aadhaar Writ Petition Civil No.

Applications need to monitor the use of exceptions in their applications to prevent misuse of the exception process. A number of exception processes are provided in answer to Question 4 b above to prevent denial of service for failure of authentication. This is true of foreign nationals as well. I am aware that my information including biometrics will be used for generation of Aadhaar and authentication.

I understand that my identity information except core biometric may be provided to an agency only with my consent during authentication or as per the provisions of the Aadhaar Act. Aadhaar numbers may be issued to foreign nationals who are resident in Writ Petition Civil No. Ineligibility of a person to retain an Aadhaar number owing to become non-resident may be treated as a ground for deactivation of Aadhaar number and Regulation 28 l f of the Aadhaar Enrolment Regulations.

Requesting entities are not legally allowed to store biometrics captured for Aadhaar authentication under Regulation 17 1 a of the Authentication Regulations. Kerala Dairy Farmers Welfare Fund Board ; ii authentication service agencies e. Requesting entities are mandated to maintain following logs as per Regulation 18 of the Authentication Regulations.

These are: i the Aadhaar number against which authentication is sought; ii specified parameters of authentication request Writ Petition Civil No. This is what the slides meant by traceability. Summing up the Scheme: 55 The whole architecture of Aadhaar is devised to give unique identity to the citizens of this country.

No doubt, a person can Writ Petition Civil No. For the purpose of enrolment itself number of documents are prescribed which an individual can produce on the basis of which Aadhaar card can be issued. Thus, such documents, in a way, are also proof of identity. However, there is a fundamental difference between the Aadhaar card as a mean of identity and other documents through which identity can be established.

Enrolment for Aadhaar card also requires giving of demographic information as well as biometric information which is in the form of iris and fingerprints. This process eliminates any chance of duplication. When it comes to obtaining Aadhaar card, there is no possibility of obtaining duplicate card.

Once the biometric information is stored and on that basis Aadhaar card is issued, it remains in the system with the Who owns the rights to the Amalgam Universe?. Wherever there would be a second attempt for enrolling for Aadhaar and for this purpose same person gives his biometric information, it would immediately get matched with the same biometric information already in the system and the second Writ Petition Civil No.

Such an identity is unparalleled. To put it tersely, in addition to enabling any resident to obtain such unique identification proof, it is also to empower marginalised section of the society, particularly those who are illiterate and living in abject poverty or without any shelter etc.

It gives identity to such persons also. Moreover, with the aid of Aadhaar card, they can claim various privileges and benefits etc. In a civilised society every individual, on taking birth, is given a name. Her place of birth and parentage also becomes important as she is known in the society and these demographic particulars also become important attribute of her personality.

Throughout their lives, individuals are supposed to provide such information: be it admission in a school or college or at the time of Writ Petition Civil No. When all this information is available in one place, in the form of Aadhaar card, it not only becomes unique, it would also qualify as a document of empowerment. Added with this feature, when an individual knows that no other person can clone her, it assumes greater significance.

Howsoever benevolent the scheme may be, it has to pass the muster of constitutionality. According to the petitioners, the very architecture of Aadhaar is unconstitutional on various grounds, glimpse whereof can be provided at this stage: Gist of the challenge to the Aadhaar Scheme as well as the Act: 58 The petitioners accept that the case at hand is unique, simply because of the reason that the programme challenged here is itself without precedent.

According to them, no democratic society has adopted a programme that is similar in its command and sweep. The case is about a new technology that the Government seeks to deploy and a new architecture of governance that it seeks to build on this technology. The Writ Petition Civil No. As per the petitioners, this is an inroad into the rights and liberties of the citizens which the Who owns the rights to the Amalgam Universe?

of India guarantees. It is intrusive in nature. At its core, Aadhaar alters the relationship between the citizen and the State. It diminishes the status of the citizens. Rights freely exercised, liberties freely enjoyed, entitlements granted by the Constitution and laws are all made conditional, on a compulsory barter. It is the submission of the petitioners that the Constitution balances rights of individuals against State interest.

The Aadhaar completely upsets this balance and skews the relationship between the citizen and the State enabling the State to totally dominate the individual. Negatively, nothing can be withheld from a citizen merely Writ Petition Civil No. The authentication record comprises the time of authentication and Who owns the rights to the Amalgam Universe? identity of the requesting entity. Based on this architecture it is possible for the State to track down the location of the person seeking authentication.

Since the requesting entity is also identified, the activity that the citizen is engaging in is also known. Violation of Fundamental Right to Privacy: Writ Petition Civil No. Following are the illustrations given by the petitioners: a Between 2009-10 and July 2016 the project violated the right to privacy with respect to personal demographic as well as biometric information collected, stored and shared as there was no law authorising these actions.

Compelling the citizen to part with biometric information violates individual autonomy and dignity. Compelling an individual to establish his identity by planting her biometric at multiple points of service violates privacy involving the person. This Who owns the rights to the Amalgam Universe? the State to build complete profiles of individuals violating privacy through the convergence of data.

Limited Government: 64 A fundamental feature of the Constitution is the sovereignty of the people with limited Government authority. The Constitution limits governmental authority in various ways, amongst them Fundamental Rights, the distribution of powers amongst organs of the State and the ultimate check by way of judicial review.

The Aadhaar project is destructive of the limited Government. The Writ Petition Civil No. Post Aadhaar, the State will completely dominate the citizen and alter the relationship between citizen and the State.

The features of a totalitarian state is seen from: a A person cannot conduct routine activities such as operating a bank account, holding an investment in mutual funds, receiving government pension, receiving scholarship, receiving food rations, operating a mobile phone without the State knowing about these activities.

This will have a chilling effect on the citizen. Procedure followed violates Articles 14 and 21 of the Constitution: Writ Petition Civil No. Individuals are not told about crucial aspects such as potential misuse of the information, the commercial value of the information, the storage of information in Who owns the rights to the Amalgam Universe? centralised database, that the information supplied could be used against the individual Who owns the rights to the Amalgam Universe?

criminal proceedings pursuant to a court order, there is no opt- out option, the entire enrolment process is conducted by private entities without any governmental supervision, etc. Who owns the rights to the Amalgam Universe? data collected and stored lacks integrity. Unreliability of Biometrics and Exclusion: 67 The foundation of the project, i. Moreover, biometric exceptions severely erode reliability. The biometric authentication system works on a probabilistic model.

Consequently, entitlements are reduced from certainty to a chance delivery where the biometrics match. Across the country several persons are losing out on their entitlements, for say food rations, because of a biometric mismatch resulting in them being excluded from various welfare schemes.

Unless the biometrics work, a person in flesh and blood, does not exist for the State. Illegal Object: 68 It is submitted before us that the objective of creating a single pervasive identification over time is itself illegal. The coercive foundation of the impugned Act is in substance an illegal objective that renders the statute ultra vires of the Constitution of India.

Mandating identification by only one highly intrusive mode is excessive, disproportionate and violates Articles 14, 19 and 21. Children: 70 As per the petitioners, there is no justification to include children in the Aadhaar programme for various reasons.

That may help in understanding the manner in which the matter is dealt with. This necessitates Writ Petition Civil No. Our endeavour, therefore, would be to eschew the repetitive discussion. However, our anxiety to bring clarity and also in order to have continuity of thought while discussing a particular head, may have led to some repetitions at different places.

In any case, we would be dealing with the various heads of challenge, one by one, so as to cover the entire spectrum. Since, number of advocates 7 appeared on both sides, many of the arguments addressed by them were overlapping and repetitive. In this scenario, we deem it proper to collate the arguments of all the counsel and present the same while undertaking the discussion on each of the issues.

Thus, in the process, we would not be referring to each counsel and her arguments. Viswanathan, Neeraj Kishan Kaul, C. Singh, Anand Grover, Sanjay R. Giri, Rakesh Dwivedi, Jayant Bhushan, Sajan Poovayya, P. Surendra Nath, Senior Advocates, K. Venugopal, Attorney General for India, Tushar Mehta, Additional Solicitor General of India, Gopal Sankaranarayanan and Zoheb Hossain, Advocates.

In the process, plethora of literature on such issues, including the law prevailing across the Globe was cited. We, therefore, place on record our appreciation of the sublime nature of lawyering in this case.

The history of this Court reflects that this Court has liberally accepted the good practices, rules of interpretation and norms of constitutional courts of other jurisdictions.

In fact, in drafting Indian Constitution itself, the framing fathers had studied various foreign models and adopted provisions from different Constitutions after deep reflection. The case law of the Australian High Court is liberally referred as this Chapter is influenced by the provisions contained in the Australian Constitution. It can be said that though this Court has been liberally relying upon the judgments of the constitutional courts of other countries, particularly when it comes to human rights discourse, at the same time, in certain situations, note of caution is also 8 Thiruvengadam, The Use of Foreign Who owns the rights to the Amalgam Universe?

in Constitutional Cases in India and Singapore 2010 9. As a matter of fact, in Basheshar Nath, the Court discussed the doctrine of waiver in force in the United States and rejected it firmly stating that: :. City of Griffin12, and affirmed that the protection of freedom of expression in India follows the maxim of Madison that the Court transposed from its quotation in Near v.

At the same time, looking to the use of foreign precedents in this judgment, Justice S. General Accident, Fire and Life Assurance Corporation 14 and that of Justice Holmes in Towne v. Eisner15, which affirm that to understand a word it is necessary to understand the context in which it is inserted. To strengthen this, James v. Commonwealth of Australia16 is also referred to. We have stated the trend in brief with a purpose.

Number of judgments of U. However, there is no similarity in approach by these 14 Bidie v. In this backdrop, it becomes necessary, while referring to these judgments, to keep in mind the ethos, cultural background and vast socio-economic problems of this country and on that basis to accept a particular norm, or for that matter, Who owns the rights to the Amalgam Universe? formulate a constitutional norm which is relevant in our context.

That is the endeavour which is made by us. The petitioners had argued that the architecture of Aadhaar, by its very nature, is probabilistic and, therefore, it may result in exclusion, in many cases. Therefore, rather than extending subsidies, benefits and services to the section of society for which these are meant, it may have the tendency to exclude them from receiving such subsidies, benefits and services.

The respondents, on the other hand, have stated on affidavit that the attempt of the respondents would be to ensure that no individual who is eligible for such benefits etc. It was clarified that since Writ Petition Civil No. We have eschewed detailed discussion in respect of those arguments, which may not have much relevance when judging the constitutional validity of the Act and the scheme.

Who owns the rights to the Amalgam Universe?

However, such arguments of exclusion etc. Such rebuttals raised by the petitioners may have relevance insofar as working of the Act is concerned. That by itself cannot be a ground to invalidate the statute. It also has other precepts like rule of law, human rights, independence of judiciary, separation of powers, etc. The framers of Indian Constitution duly recognized the aforesaid precepts of liberal and substantive democracy with rule of law as an important and fundamental pillar.

At the same time, in the scheme of the Constitution, it is the judiciary which is assigned the role of upholding rule of law and protecting the Constitution and democracy. The essence of rule of law is to preclude arbitrary action. Dicey, who propounded the rule of law, gave distinct meaning to this concept and explained that it was based on three kindered features, which are as follows: i absence of arbitrary powers on the part of authorities; ii equality before law; and iii the Constitution is part of the ordinary law of the land.

There are three aspects of the rule of law, which are as follows: a A formal aspect which means making the law rule. When we talk of jurisprudential rule of law, it includes certain minimum requirements without which a legal system cannot exist and which distinguished a legal system from an automatic system where the leader imposes his will on everyone else. Professor Lon Fuller has described these requirements collectively as the 'inner morality of law'.

In addition to jurisprudential concept, which is important and an essential condition for the rule of law, the substantive concept of the rule of law is equally important and inseparable norm of the rule of law in real sense. It encompasses the 'right conception' of the rule of law propounded by Dworkin. It means guaranteeing fundamental values of morality, justice, and human rights, with a proper balance between these and the other needs of the society.

The law exists to ensure proper social life. Social life, however, is not a goal in itself but a means to allow the individual to live in dignity Writ Petition Civil No. The human being and human rights underlie this substantive perception of the rule of law, with a proper balance among the different rights and between human rights and the proper needs of society.

This is the rule of law that strikes a balance between society's need for political independence, social equality, economic development, and internal order, on the one hand, and the needs of the individual, his personal liberty, and his human dignity on the other. The Judge must protect this rich concept of the rule of law. Man is a social animal, but to live in society he has had to fashion for himself and in his own interest the law and other instruments of government, and as a consequence those must to some extent limit his personal liberties.

The problem is how to control those instruments of government in accordance with the Rule of Law and in the interest of the governed. Granville Austin while analyzing the functioning of Indian Constitution in first 50 years has described three distinguished strands of Indian Constitution: i protecting national Writ Petition Civil No. The strands are mutually dependent and inextricably intertwined in what he elegantly describes as a 'seamless web'.

Speaking for the vision of our founding fathers, in. Our nation has, as its dynamic doctrine, economic democracy sans which political democracy is chimerical. A judge is a social scientist in his role as constitutional invigilator and fails functionally if he forgets this dimension in his complex duties.

Once we grasp the dharma of the Constitution, the new orientation of the karma of adjudication becomes clear. Our founding fathers, aware of our social realities, forged our fighting faith and integrating justice in its social, economic and political aspects. While contemplating the meaning of the Articles of the Organic Law, the Supreme Court shall not disown Social Justice.

Our Constitution confers certain rights on every human being and certain other rights on citizens. Every person is entitled to equality before the law and equal protection of the laws. At the same time, second role of the Court, which is equally important, is to bridge the gap between the law and the society.

In the process of undertaking this role, a third role, which is of equal significance also springs up. Judiciary is also to ensure that social and economic justice is meted out to the deserving lot by affirmative action of the State. Our attempt has been to strive the balancing of competing Constitutional norms. The complex issues are dealt with keeping in view this role of the Supreme Court as assigned by the Constitution; albeit within the constitutional norms.

Scope of Judicial Review: 73 The aforesaid discussion leads us to pick up and discuss another strand viz. It is the power of the court to review the actions of the Legislature, the Executive and the Judiciary itself and to scrutinize the validity of any law or action. It has emerged as one of the most effective instruments of protecting and preserving the cherished freedoms in a constitutional democracy and upholding principles such as separation of powers and rule of law.

The Judiciary, through Writ Petition Civil No. The fundamental nature of the Constitution is that of a limiting document, it curtails the powers of majoritarianism from hijacking the State. The power of review is the shield which is placed in the hands of the most judiciaries of constitutional democracies to enable the protection of the supreme document. Under the Constitution, Supreme Who owns the rights to the Amalgam Universe?

as well as High Courts are vested with the power of judicial review of not only administrative acts of the executive but legislative enactments passed by the legislature as well. This power is given to the High Courts under of the Constitution and to the Supreme Court under as well as of the Constitution. At the same time, the parameters on which the power of judicial review of administrative act is to be undertaken are different from the parameters on which validity of legislative enactment is to be examined.

No doubt, in exercises of its power of judicial review of legislative action, the Supreme Court, or for that matter, the High Courts can declare law passed by Parliament or the State Legislature as invalid. However, the power to strike down primary legislation enacted by the Union or the State Legislatures is on limited grounds.

No doubt, since the Supreme Court and the High Courts are treated as the ultimate arbiter in all matters involving interpretation of the Constitution, it is the courts which have the final say on questions relating to rights and whether such a right is violated or not.

It categorically states that any law made in contravention thereof, to the extent of the contravention, be void. We can also take note of of the Constitution at this stage which applies to pre-constitutional laws. Continuance in force of existing laws and their adaptation. The statute enacted by Parliament or a State Legislature cannot be declared unconstitutional lightly. The court must be able to hold beyond any iota of Who owns the rights to the Amalgam Universe?

that the violation of the constitutional provisions was so glaring that the legislative provision under challenge cannot stand. Sans flagrant violation of the constitutional provisions, the law made by Parliament or a State Legislature is not Who owns the rights to the Amalgam Universe?

bad. There is no third ground. Similarly, if an enactment is challenged as violative of any of the fundamental rights guaranteed by sub-clauses a to g ofit can be struck down only if it is found not saved by any of the clauses 2 to 6 of and so on. No enactment can be struck down by just saying that it is arbitrary or unreasonable. Some or the other constitutional infirmity has to be found before invalidating an Act. An enactment cannot be struck down on the ground that court thinks it unjustified.

Parliament and the legislatures, composed as they are of the representatives of the people, are supposed to know and be aware of the needs of the people and what is good and bad for them. The court cannot sit in judgment over their wisdom. Hanif Quareshi, the Constitution Bench further observed that there was always a presumption in favour of constitutionality of an enactment and the burden is upon him, who attacks it, to show that there has been a clear violation of the constitutional principles.

It must be borne in mind that the legislature is free to recognise degrees of harm and may confine its restrictions to those cases where the need is deemed to be the clearest and finally that in order to sustain the presumption of constitutionality the court may take into consideration matters of common knowledge, matters of common report, the history of the times and may assume every state of facts which can be conceived existing at the time of legislation.

The above legal position has been reiterated by a Constitution Bench of this Court in. In order to do so it is legitimate to take into consideration all the factors such as history of the legislation, the purpose thereof, the surrounding circumstances and conditions, the mischief which it intended to suppress, the remedy for the disease which the legislature resolved to cure and the true reason for the remedy….

A well-known principle that in the field of taxation, the legislature enjoys a greater latitude for classification, has been noted by this Court in a long line of cases. Some of these decisions are.

It is, thus, clear that in exercise of power of judicial review, the Indian courts are invested with powers to strike down primary legislation enacted by Parliament or the State Legislatures. However, while undertaking this exercise of judicial review, the same is to be done at three levels. In the first stage, the Court would examine as to whether impugned provision in a legislation is compatible with the fundamental rights or the constitutional provisions substantive judicial review or it falls foul of the federal distribution of powers procedural judicial review.

If it is not found to be so, no further exercise is needed as challenge would fail. However, while undertaking substantive judicial review, if it is found that the impugned provision appears to be violative of fundamental rights or other constitutional rights, the Court reaches the second stage of review. At this second phase of enquiry, the Court is supposed to undertake the exercise as to whether the impugned provision can still be saved by reading it down so as to bring it in conformity with the constitutional provisions.

If that is not achievable then the enquiry enters the third stage. If the offending portion of the statute is severable, it is severed and the Court strikes down the Writ Petition Civil No.

The Court also noted the observations from. In the process, it was further noted that in. The Judges pointed out the larger Bench judgment in the case of. The thread of reasonableness runs through the entire fundamental rights chapter. What is manifestly arbitrary is obviously unreasonable and being contrary to the rule of law, Who owns the rights to the Amalgam Universe?

violate Further, there is an apparent contradiction in the three-Judge Bench decision in. The arbitrariness doctrine when applied to legislation obviously would not involve the latter challenge but would only involve a law being disproportionate, excessive or otherwise being manifestly unreasonable. We only need to point out that even after. In Malpe Vishwanath Acharya v. It would be suffice to reproduce paragraphs 67 to 69 of the said judgment as the discussion in these paras provide a sufficient guide as to how a doctrine of arbitrariness is to be applied while adjudging the constitutional validity of a legislation.

We now come to the development of the doctrine of arbitrariness and its application to State action as a distinct doctrine on which State action may be struck down as being violative of the rule of law contained in In a significant passage, Bhagwati, J. The last two grounds of challenge may be taken up together for consideration. Though we have formulated the third ground of challenge as a distinct and separate ground, it is really in substance and effect merely an aspect of the second ground based on violation of Articles 14 and 16.

The basic principle which, therefore, informs both Articles 14 and 16 is equality and inhibition against discrimination.

Now, what is the content and reach of this great equalising principle? It is a founding faith, to use the words of Bose, J. We cannot countenance any attempt to truncate its all- embracing scope and meaning, for to do so would be to violate its activist magnitude. From a positivistic point of view, equality is antithetic to arbitrariness. Where an act is arbitrary, it is implicit in it that it is unequal both according to political logic and constitutional law and is therefore violative ofand if it effects any matter relating to public employment, it is also violative of Articles 14 and 16 strike at arbitrariness in State action and ensure fairness and equality of treatment.

They require that State action must be based on valid relevant principles applicable alike to all similarly situate and it must not be guided by any extraneous Writ Petition Civil No. Where the operative reason for State action, as distinguished from motive inducing from the antechamber of the mind, is not legitimate and relevant but is extraneous and outside the area of permissible considerations, it would amount to mala fide exercise of power and that is hit by Articles 14 and 16. Mala fide exercise of power and arbitrariness are different lethal radiations emanating from the same vice: in fact the latter comprehends the former.

Both are inhibited by Articles 14 and 16. This was further fleshed out inwhere, after stating that various fundamental rights must be read together and Who owns the rights to the Amalgam Universe?

overlap and fertilise each other, Bhagwati, J. Now, the question immediately arises as to what is the requirement of what is the content and reach of the great equalising principle enunciated in this article? There can be no doubt that it is a founding faith of the Constitution.

It is indeed the pillar on which rests securely the foundation of our democratic republic. And, therefore, it must not be subjected to a narrow, pedantic or lexicographic approach. No attempt should be made to truncate its all-embracing scope and meaning, for to do so would be to violate its activist magnitude. Equality is a dynamic concept with many aspects and dimensions and it cannot be imprisoned within traditional and doctrinaire limits.

We must reiterate here what was pointed out by the majority in. Where an act is arbitrary, it is implicit in it that it is unequal both according to political logic and constitutional law and is therefore violative of ….

This was further clarified in. One need not confine the denial of equality to a comparative evaluation between two persons to arrive at a conclusion of discriminatory treatment. An action per se arbitrary itself denies equal of sic Who owns the rights to the Amalgam Universe? by law. It is thus too late in the day to contend that an executive action shown to be arbitrary is not either judicially reviewable or within the reach of.

In the Who owns the rights to the Amalgam Universe?, even the constitutional validity of of the Income Tax Act, 1961 is given a fresh look on the touchstone of this norm. Inbuilt in this right to privacy is the right to live with dignity, which is a postulate of right to privacy. In the process, discussion leads to the issue of proportionality, viz.

We would, therefore, 27 There are few other incidental and ancillary issues raised by the petitioners as well, which we propose to discuss and deal with Who owns the rights to the Amalgam Universe?

answering these fundamental submissions. Contours of Right to Privacy: 81 It stands established, with conclusive determination of the nine Judge Bench judgment of this Court in K.

Puttaswamy that right to privacy is a fundamental right. The majority judgment authored by Dr. This judgment also discusses in detail the scope and ambit of right to privacy.

The relevant passages in this behalf have been reproduced above while taking note of the submissions of the learned counsel for the petitioners as well as respondents. One interesting phenomenon that is discerned from the respective submissions on either side is that both sides have placed strong reliance on different passages from this very judgment to support their respective stances. A close reading of this judgment brings about the following features: i Privacy has always been a natural right: The correct position in this behalf has been established by a number of Writ Petition Civil No.

Following passages from different opinions reflect the aforesaid proposition: Dr. Privacy is a concomitant of the right of the individual to exercise control over his or her personality. It finds an origin in the notion that there are certain rights which are natural to or inherent in a human being. Natural rights are inalienable because they are inseparable from the human personality. The human element in life is impossible to conceive without the existence of natural rights.

The idea of a private preserve was to create barriers from outside interference. There were, in his view, absolute rights which were vested in the individual by the immutable laws of nature. These absolute rights were divided into rights of personal security, personal liberty and property. The right of personal security involved a legal and uninterrupted enjoyment of life, limbs, body, health and reputation by an individual.

Natural rights are not bestowed by the State. They inhere in human beings because they are human. They exist equally in the individual irrespective of class or strata, gender or orientation. Life and personal liberty are inalienable rights. These are rights which are inseparable from a dignified human existence.

The dignity of the individual, equality between human beings and the quest for liberty are the foundational pillars of the Indian Constitution. In the current state of things, Articles 19 120 325, 28 and 29 are all rights helped up and made meaningful by the exercise of privacy.

This is not an exhaustive list. Future developments in technology and social ordering may well reveal that there are yet more constitutional sites in which a privacy right inheres that are not at present evident to us. For instance, we can ground physical privacy or privacy relating to the body in Articles 19 1 d and e read with ground personal information privacy under and the privacy of choice in Articles 19 1 a to c20 321 and 25.

The learned counsel for the petitioners also referred to another important aspect of the right to privacy. According to the learned counsel for the petitioner this right is a natural law right which is inalienable. Indeed, the reference order itself, in para 12, refers to this aspect of the fundamental right contained.

It was, therefore, argued before us that given the international conventions referred to hereinabove and the fact that this right inheres in every individual by virtue of his being a human being, such right is not conferred by the Constitution but is only recognised and given the status of being fundamental. There is no doubt that the petitioners are correct in this submission. However, one important roadblock in the way needs to be got over.

Shivakant Shukla, a Constitution Bench of this Court arrived at the conclusion by majority that is the sole repository of all rights to life and personal liberty, and, when suspended, takes away those Writ Petition Civil No. A remarkable dissent was that of Khanna, J.

If in this Appendix the dissenting judgment of Khanna, J. It cost him the Chief Justiceship of India, but it gained for him universal esteem not only for his courage but also for his inflexible judicial independence. If his judgment is not considered in detail it is because under the theory of precedents which we have adopted, a dissenting judgment, however valuable, does not lay down the law and the object of a critical examination of the majority judgments in this Appendix was to show that those judgments are untenable in law, productive of grave public mischief and ought to be overruled at the earliest opportunity.

The conclusion which Justice Khanna has reached on the effect of the suspension of is correct. His reminder that the rule of law did not merely mean giving effect to an enacted law was timely, and was reinforced by his reference to the mass murders of millions of Jews in Nazi concentration camps under an enacted law. However, the legal analysis in this Chapter confirms his conclusion though on different grounds from those which he has given.

The effect of the suspension of the right to move any court for the enforcement of the right conferred byin my opinion, is that when a petition is filed in a court, the court would have to proceed upon the basis that no reliance can be placed upon that article for obtaining relief from the court during the period of emergency. Question then arises as to whether the rule that no one shall be deprived of his life or personal liberty without the authority of law still survives during the period of emergency despite the Presidential Order suspending the right to move any court for the enforcement of the right contained in The answer to this question is linked with the answer to the question as Writ Petition Civil No.

After giving the matter my earnest consideration, I am of the opinion that cannot be considered to be the sole repository of the right to life and personal liberty. The right to life and personal liberty is the most precious right of human beings in civilised societies governed by the rule of law. Many modern Constitutions incorporate certain fundamental rights, including the one relating to personal freedom. According to Blackstone, the absolute rights of Englishmen were the rights of personal security, personal liberty and private property.

The American Declaration of Independence 1776 states that all men are created equal, and among their inalienable rights are life, liberty, and the pursuit of happiness.

The different Declarations of Human Rights and fundamental freedoms have all laid stress upon the sanctity of life and liberty. They have also given expression in varying words to the principle that no one shall be derived of his life or liberty without the authority of law. One of its most notable achievements was the Declaration of Delhi, 1959.

This resulted from a Congress held in New Delhi attended by jurists from more than 50 countries, and was based on a questionnaire Who owns the rights to the Amalgam Universe? to 75,000 lawyers. I am unable to subscribe to the view that when right to enforce the right under is suspended, the result would be that there would be no remedy against deprivation of a person's life or liberty by the State even though such deprivation is without the authority of law or even in flagrant Writ Petition Civil No.

The right not to be deprived of one's life or liberty without the authority of law was not the creation of the Constitution. Such right existed before the Constitution came into force. The fact that the Framers of the Constitution made an aspect of such right a part of the fundamental rights did not have the effect of exterminating the independent identity of such right and of making to be the sole repository of that right. Its real effect was to ensure that a law under which a person can be deprived of his life or personal liberty should prescribe a procedure for such deprivation or, according to the dictum laid down by Mukherjea, J.

Recognition as fundamental right of one aspect of the pre- constitutional right cannot have the effect of making things less favourable so far as the sanctity of life and personal liberty is concerned compared to the position if an aspect of such right had not been recognised as fundamental right because of the vulnerability of fundamental rights accruing from I am also unable to agree that in view of the Presidential Order in the matter of sanctity of life and liberty, things would be worse off compared to the state of law as it existed before the coming into force of the Constitution.

I have had the benefit of reading the exhaustive and erudite opinions of Rohinton F. I agree with this conclusion as privacy is a primal, natural right which is inherent to an individual.

However, I am tempted to set out my perspective on the issue of privacy as a right, which to my mind, is an important core of any individual existence. I had earlier adverted to an aspect of privacy — the right to control dissemination of personal information.

The boundaries that people establish from Who owns the rights to the Amalgam Universe? in society are not only physical but also informational. There are different kinds of boundaries in respect to different relations. Privacy assists in preventing awkward social situations and reducing social frictions. On information being shared voluntarily, the same may be said to be in confidence and any breach of confidentiality is a breach of the trust. This is more so in the professional relationships such as with doctors and lawyers which requires an element of candour in disclosure of information.

An individual has the right to control one's life while submitting personal data for various facilities and services. It is but essential that the individual knows as to what the data is being used for with the ability to correct and amend it. The hallmark of freedom in a democracy is having the autonomy and control over our lives which becomes impossible, if important decisions are made in secret without our awareness or participation.

If the individual permits someone to enter the house it does not mean that others can enter the house. The only check and balance is that it should not harm the other individual or affect his or her rights. This applies both to the physical form and to technology. In an era where there are Writ Petition Civil No. How it thereafter works out in its inter- play with other fundamental rights and when such restrictions would become necessary would depend on the factual matrix of each case.

That it may give rise to more litigation can hardly be the reason not to recognise this important, natural, primordial right as a fundamental right. While the legitimate expectation of privacy may vary from intimate zone to the private zone and from the private to the public arena, it is important to underscore that privacy is not lost or surrendered merely because the individual is in a public place.

Further, privacy is a postulate of dignity itself. Also, privacy concerns arise when the State seeks to intrude into the body and the mind of the citizen. This aspect is discussed in the following manner: Dr. The submission that recognising the right to privacy is an exercise which would require a constitutional amendment and cannot be a matter of judicial interpretation is not an acceptable doctrinal position. The right to privacy is an element of human dignity.

The sanctity of privacy lies in its functional relationship with dignity. Privacy ensures that a human Writ Petition Civil No. Privacy recognises the autonomy of the individual and the right of every person to make essential choices which affect the course of life.

In doing so privacy recognises that living a life of dignity is essential for a human being to fulfill the liberties and freedoms which are the cornerstone of the Constitution. To recognise the value of privacy as a constitutional entitlement and interest is not to fashion a new fundamental right by a process of amendment through judicial fiat.

Neither are the Judges nor is the process of judicial review entrusted with the constitutional responsibility to amend the Constitution. But judicial review certainly has the task before it of determining the nature and extent of the freedoms available to each person under the fabric of those constitutional Who owns the rights to the Amalgam Universe?

which are protected. Courts have traditionally discharged that function and in the context of itself, as we have already noted, a panoply of protections governing different facets of a dignified existence has been held to fall within the protection of xx xx xx 297.

What, then, does privacy postulate? Privacy postulates the reservation of a private space for the individual, described as the right to be let alone. The concept is founded on the autonomy of the individual. The ability of an individual to make choices lies at the core of the human personality. The notion of privacy enables the individual to assert and control the human element which is inseparable from the personality of the individual.

The inviolable nature of the human personality is manifested in the ability to make decisions on matters intimate to human life. The autonomy of the individual is associated over matters which can be kept private. These are concerns over which there is a legitimate expectation of privacy.

The body and the mind are inseparable elements of the human personality. The integrity of the body and the sanctity of the mind can exist on the foundation that each individual possesses an inalienable ability and right to preserve a private space in which the human personality can develop.

Without the ability to make choices, the inviolability of the personality would be in doubt. Recognising a zone of privacy is but an acknowledgment that each individual must be entitled to chart and pursue the course of development Writ Petition Civil No. Hence privacy is a postulate of human dignity itself. Thoughts and behavioural patterns which are intimate to an individual are entitled to a zone of privacy where one is free of social expectations.

In that zone of privacy, an individual is not judged by others. Privacy enables each individual to take crucial decisions which find expression in the human personality. It enables individuals to preserve their beliefs, thoughts, expressions, ideas, ideologies, preferences and choices against societal demands of homogeneity. Privacy is an intrinsic recognition of heterogeneity, of the right of the individual to be different and to stand against the tide of conformity in creating a zone of solitude.

Privacy protects the individual from the searching glare of publicity in matters which are personal to his or her life. Privacy attaches to the person and not to the place where it is associated. Privacy constitutes the foundation of all liberty because it is in privacy that the individual can decide how liberty is best exercised. Individual dignity and privacy are inextricably linked in a pattern woven out of a thread of diversity into the fabric of a plural culture.

Privacy is the constitutional core of human dignity. Privacy has both a normative and descriptive function. At a normative level privacy subserves those eternal values upon which the guarantees of life, liberty and freedom are founded. At a descriptive level, privacy postulates a bundle of entitlements and interests which lie at the foundation of ordered liberty.

Privacy includes at its core the preservation of personal intimacies, the sanctity of family life, marriage, procreation, the home and sexual orientation. Privacy also connotes a right to be left alone. Privacy safeguards individual autonomy and recognises the ability of the individual to control vital aspects of his or her life.

Personal choices governing a way of life are intrinsic to privacy. Privacy protects heterogeneity and recognises the plurality and diversity of our culture. While the legitimate expectation of privacy may vary from the intimate zone to the private zone and from the private to the public arenas, it is important to underscore that privacy is not lost or surrendered merely because the individual is in a public place.

Privacy attaches to the person since it is an essential facet of the dignity of the human being. Undoubtedly, privacy exists, as the foregoing demonstrates, as a verifiable fact in all civilised societies. But privacy does not stop at being merely a descriptive claim. It also embodies a normative one. The normative case for privacy is intuitively simple. Nature has clothed man, amongst other things, with dignity and liberty so that he may be free to do what he will consistent with the freedom of another and to develop his faculties to the fullest measure necessary to live in happiness and peace.

Privacy is an essential condition for the exercise of most of these freedoms. Ex facie, every right which is integral to the constitutional rights to dignity, life, personal liberty and freedom, as indeed the right to privacy is, must itself be regarded as a fundamental right.

Mill took to be indispensable to the existence of the general reservoir of liberty that democracies are expected Who owns the rights to the Amalgam Universe? reserve to their citizens. It comprises, first, the inward domain of consciousness; demanding liberty of conscience, in the most comprehensive sense; liberty of thought and feeling; absolute freedom of opinion and sentiment on all subjects, practical or speculative, scientific, moral, or theological. The liberty of expressing and publishing opinions may seem to fall under a different principle, since it belongs to that part of the conduct of an individual which concerns other people; but, being almost of as much importance as the liberty of thought itself, and resting in great part on the same reasons, is practically inseparable from it.

Secondly, the principle requires liberty of tastes and pursuits; of framing the plan of our life to suit our own character; of doing as we like, subject to such consequences as may follow: without impediment from our fellow creatures, so long as what we do does not harm them, even though they should think our conduct foolish, perverse, or wrong.

Thirdly, from this liberty of Writ Petition Civil No. No society in which these liberties are not, on the whole, respected, is free, whatever may be its form of Government; and none is completely free in which they do not exist absolute and unqualified.

The only freedom which deserves the name, is that of pursuing our own good in our own way, so long as we do not attempt to deprive others of theirs, or impede their efforts to obtain it.

Each is the proper guardian of his own health, whether bodily, or mental and spiritual. Mankind are greater gainers by suffering each other to live as seems good to Who owns the rights to the Amalgam Universe?, than by compelling each to live as seems good to the rest.

Though this doctrine is anything but new, and, to some persons, may have the air of a truism, there is no doctrine which Who owns the rights to the Amalgam Universe?

more directly opposed to the general tendency of existing opinion and practice. Society has expended fully as much effort in the attempt according to its lights to compel people to conform to its notions of personal, as of social excellence.

Liberty and privacy are integrally connected in a way that privacy is often the basic condition necessary for exercise of the right of personal liberty. There are innumerable activities which are virtually incapable of being performed at all and in many cases with dignity unless an individual is left alone or is otherwise empowered to ensure his or her privacy.

Birth and death are events when privacy is required for ensuring dignity amongst all civilised people. In numerous cases, including v.

Now obviously, the right to life enshrined in cannot be restricted to mere animal existence. It means something much more than just physical survival. The inhibition against its deprivation extends to all those limbs and faculties by which life is enjoyed. Who owns the rights to the Amalgam Universe? provision equally prohibits the mutilation of the body or amputation of an arm or leg or the putting out of an eye or the destruction of any other organ of the body through which the soul communicates with the outer world.

Every limb or faculty through which life is enjoyed is thus protected by and a fortiori, this would include the faculties of thinking and feeling. Now deprivation which is inhibited by may be total or partial, neither any limb or faculty can be totally destroyed nor can it be partially damaged. Moreover it is every kind of deprivation that is hit bywhether such deprivation be permanent or temporary and, furthermore, deprivation is not an act which is complete once and for all: it is a continuing act and so long as it lasts, it must be in accordance with procedure established by law.

It is therefore clear that any act which damages or injures or interferes with the use of, any limb or faculty of a person, either permanently or even temporarily, would be within the inhibition of. It is difficult to see how dignity—whose constitutional significance is acknowledged both by the Preamble and by this Court in its exposition ofamong other rights —can be assured to the individual without privacy.

Both dignity and privacy are intimately intertwined and are natural conditions for the birth and death of individuals, and for many significant events in life between these events. But most important of all is the cardinal value of fraternity which assures the dignity of the individual. For example, see Prem Shankar Shukla v. And this development can only be if an individual has autonomy over fundamental personal choices and control over dissemination of personal information which may be infringed through an unauthorised use of such information.

It is clear thatmore than any of the other articles in the fundamental rights chapter, reflects each of these constitutional values in full, and is to be read in consonance with these values and with the international covenants that we have referred to. In the ultimate analysis, the fundamental right to privacy, which has so many developing facets, can only be developed on a case-to-case basis. Depending upon the particular facet that is relied upon, either by itself or in conjunction with other fundamental rights would get attracted.

I agree with them and seek to refer to some legal observations in this regard: 618. Democratic societies must protect privacy as part of their facilitation of individual freedom, and offer some legal support for the individual choice as to what Writ Petition Civil No.

This freedom in other words Who owns the rights to the Amalgam Universe? from the same source as freedom of expression: a liberty that enhances individual life in a democratic community. What human rights law has done is to identify private information as something worth protecting as an aspect of human autonomy and dignity. And this recognition has raised inescapably the question of why it should be worth protecting against the state but not against a private person. There may of course be justifications for the publication of private information by private persons which would not be available to the state — I have particularly in mind the position of the media, to which I shall return in a moment — but I can see no logical ground for saying that a person should have less protection against a private individual than he would have against the state for the publication of personal information for which there is no justification.

Nor, it appears, have any of the other Judges who have considered the matter. The result of these developments has been a shift in the centre of gravity of the action for breach of confidence when it is used as a remedy for the unjustified publication of personal information.

The present case concerns one aspect of invasion of privacy: wrongful disclosure of private information. The case involves the familiar competition between freedom of expression and respect for an individual's privacy.

Both are vitally important rights. Neither has precedence over the other. The importance of freedom of expression has been stressed Who owns the rights to the Amalgam Universe? and eloquently, the importance of privacy less so. But it, too, lies at the heart of liberty in a modern state. A proper degree of privacy is essential for the well-being and development of an individual.

And restraints imposed on government to pry into Who owns the rights to the Amalgam Universe? lives of the citizen go to the essence of a democratic state: see La Forest J. Privacy is also the key to freedom of thought. A person has a right to think. The thoughts are sometimes translated into speech but confined to the person to whom it is made. For example, one may want to criticise someone but not share the criticism with the world.

History abounds with examples of attempts by Governments to shape the minds of subjects. In other words, conditioning the thought process by prescribing what to read or not to read; what forms of art alone are required to be appreciated leading to the conditioning of beliefs; interfering with the choice of people regarding the kind of literature, music or art which an individual would prefer to enjoy.

Our whole constitutional heritage rebels at the thought of giving Government the power to control men's minds. Freedom of conscience and free profession, practice and propagation of religion.

There are areas other than religious beliefs which form part of the individual's freedom of conscience such as political belief, etc. Concerns of privacy arise when the State seeks to intrude into the body of subjects. There are limits to the extent to which a legislatively represented majority may conduct biological experiments at the expense of the dignity and personality and natural powers of a minority—even those who have been guilty of what the majority defines as crimes.

Forced feeding of certain persons by the State raises concerns of privacy. An individual's rights to refuse life prolonging medical treatment or terminate his life is another freedom which falls within the zone of the right to Writ Petition Civil No. I am conscious of the fact that the issue is pending before this Court. But in various other jurisdictions, there is a huge debate on those issues though it is still a grey area.

Similarly, the freedom to choose either to work or not and the freedom to choose the nature of the work are areas of private decision-making process. The right to travel freely within the country or go abroad is an area falling within the right to privacy. The text of our Constitution recognised the freedom to travel throughout the country under This Court has already recognised that such a right takes within its sweep the right to travel abroad.

Undoubtedly the right of locomotion, the right to remove from one place to another according to inclination, is an attribute of personal liberty…. The choice of appearance and apparel are also aspects of the right to privacy. The freedom of certain groups of subjects to determine their appearance and apparel such as keeping long hair and wearing a turban are protected not as a part of the right to privacy but as a part of their religious belief.

Such a freedom need not necessarily be based on religious beliefs falling under Informational traces are also an area which is the subject-matter of huge debate in various jurisdictions falling within the realm of the right to privacy, such data is as personal as that of the choice of appearance and apparel.

Telephone tappings and internet hacking by State, of personal data is another area which falls within the realm of privacy. The instant reference arises out of such an attempt by the Union of India to collect biometric data regarding all the residents of this country.

The abovementioned are some of the areas where some interest of privacy exists. The examples given above Writ Petition Civil No. I do not think that anybody in this country would like to have the officers of the State intruding into their homes or private property at will or soldiers quartered in their houses without their consent.

I do not think that anybody would like to be told by the State as to what they should eat or how they should dress or whom they should be associated with either in their personal, social or political life. Freedom of social and political association is guaranteed to citizens under Personal association is still a doubtful area. It is one of the most intimate decisions. All liberal democracies believe that the State should not have unqualified authority to intrude into certain aspects of human life and that the authority should be limited by parameters constitutionally fixed.

Fundamental rights are the only constitutional firewall to prevent Who owns the rights to the Amalgam Universe? interference with those core freedoms constituting liberty of a human being. The Who owns the rights to the Amalgam Universe? to privacy is certainly one of the core freedoms which is to be defended. It is part of liberty within the meaning of that expression in 376. I am in complete agreement with the conclusions recorded by my learned Brothers in this regard. Privacy is more than merely a derivative constitutional right.

It is the necessary basis of rights guaranteed in the text of the Constitution. Discussion in this behalf is captured in the following passages: Dr. The submission that recognising the right to privacy is an exercise which would require a constitutional amendment and cannot be a matter of judicial interpretation is not an acceptable doctrinal position.

The right to privacy is an element of human dignity. The sanctity of privacy lies in its functional relationship with dignity. Privacy ensures that a human being can lead a life of dignity by securing the inner recesses of the human personality from unwanted intrusion.

Privacy recognises the autonomy of the individual and the right of every person to make essential choices which affect the course of life. In doing so privacy recognises that living a life of dignity is essential Who owns the rights to the Amalgam Universe? a human being to Who owns the rights to the Amalgam Universe? the liberties and freedoms which are the cornerstone of the Constitution. To recognise the value of privacy as a constitutional entitlement and interest is not to fashion a new fundamental right by a process of amendment through judicial fiat.

Neither are the Judges nor is the process of judicial review entrusted with the constitutional responsibility to amend the Constitution. But judicial review certainly has the task before it of determining the nature and extent of Who owns the rights to the Amalgam Universe?

freedoms available to each person under the fabric of those constitutional guarantees which are protected. Courts have traditionally discharged that function and in the context of itself, as we have already noted, a panoply of protections governing different facets of a dignified existence has been held to fall within the protection of S. There is nothing unusual in the judicial enumeration of one right on the basis of another under the Who owns the rights to the Amalgam Universe?.

In Writ Petition Civil No. Fitzgerald, Salmond on Jurisprudence at p. By the process of enumeration, constitutional courts merely give a name and specify the core of guarantees already present in the residue of constitutional liberty. Over time, the Supreme Court has been able to imply by its interpretative process that several fundamental rights including the right to privacy emerge out of expressly stated fundamental rights.

The following rights are held to be covered under 1. The right to go abroad. The right against solitary confinement. The right against bar fetters. The right to legal aid. The right to speedy trial. The right against delayed execution. The right against Who owns the rights to the Amalgam Universe?

violence. The right against public hanging. Attorney General of India v. It is no doubt a fair implication frombut also more. As a result, privacy is more than merely a derivative constitutional right. It is the necessary and unavoidable logical entailment of rights guaranteed in the text of the Constitution.

Shri Sundaram has argued that rights have to be traced directly to those expressly stated in the fundamental rights chapter of the Constitution for such rights to receive Writ Petition Civil No. It will be noticed that the dignity of the individual is a cardinal value, which is expressed in the Preamble to the Constitution. Such dignity is not expressly stated as a right in the fundamental rights chapter, but has been read into the right to life and personal Who owns the rights to the Amalgam Universe?.

The right to live with dignity is expressly read into by the judgment in Jolly George Varghesev. Similarly, the right against bar fetters and handcuffing being integral to an individual's dignity was read into by the judgment in Sunil Batra v.

As will be pointed out later in this judgment, a Constitution has to be read in such a way that words deliver up principles that are to be followed and if this is kept in mind, it is clear that the concept of privacy is contained not merely in personal liberty, but also in the dignity of the individual. Its positive content imposes an obligation on the State to take all necessary measures to protect the privacy of the individual. Privacy has both positive and negative content. The negative content restrains the State from committing an intrusion upon the life and personal liberty of a citizen.

Its positive content imposes an obligation on the State to take all necessary measures to protect the privacy of the individual. Every transaction of an individual user leaves electronic Who owns the rights to the Amalgam Universe?

without her knowledge. Individually these information silos may seem inconsequential. In aggregation, information provides a picture of the beings. The challenges which big data poses to privacy emanate from both State and non-State entities. This proposition is described in the following manner: Dr. Ours is an age of information. Technology has made life fundamentally interconnected. The internet has become all-pervasive as individuals spend more and more time online each day of their lives.

Individuals connect with others and use the internet as a means of communication. The internet is used to carry on business and to buy goods and services. Individuals browse the web in search of information, to send e-mails, use instant messaging services and to download movies. Online purchases have become an efficient substitute for the daily visit to the neighbouring store.

Online banking has redefined relationships between bankers and customers. Online trading has created a new platform for the market in securities. Online music has refashioned the radio. Online books have opened up a new universe for the bibliophile. The old-fashioned travel agent has been rendered redundant by web portals which provide everything from restaurants to rest houses, airline tickets to art galleries, museum tickets to music shows.

These are but a few of the reasons people access the internet each day of their lives. Individually, these information silos may seem inconsequential. In aggregation, they disclose the nature of the personality: food habits, language, health, hobbies, sexual preferences, friendships, ways of dress and political affiliation.

In aggregation, information provides a picture of the being: of things which matter and those that do not, of things to be disclosed and those best hidden.

Data mining processes together with knowledge discovery can be combined to create facts about individuals. Metadata and the internet of things have the ability to redefine human existence in ways which are yet fully to be perceived. This, as Christina Moniodis states Who owns the rights to the Amalgam Universe?

her illuminating article, results in the creation of new knowledge about individuals; something which even she or he did not possess. This poses serious issues for the Court. It becomes impossible to conceptualize all of the possible uses of information and resulting harms. Such a situation poses a challenge for courts who are effectively asked to anticipate and remedy invisible, evolving harms.

These data sets are capable of being searched; they have linkages with other data sets; and are marked by Who owns the rights to the Amalgam Universe? exhaustive scope and the permanency of collection. Users of wearable devices and social media networks may not conceive of themselves as having volunteered data but their activities of use and engagement result in the generation of vast amounts of data about individual lifestyles, choices and preferences.

Thus, a solely consent-based model does not entirely ensure the protection of one's data, especially when data collected for one purpose can be repurposed for another. Informational privacy is a facet of the right to privacy. The dangers to privacy in an age of information can originate not only from the State but from non-State actors Who owns the rights to the Amalgam Universe?

well. We commend to the Union Government the need to examine and put into place a robust regime for data protection.

The creation of such a regime requires a careful and sensitive balance between individual interests and legitimate concerns of the State. The legitimate aims of the State would include for instance protecting national Writ Petition Civil No. These are matters of policy to be considered by the Union Government while designing a carefully structured regime for the protection of the data. Since the Union Government has informed the Court that it has constituted a Committee chaired by Hon'ble Shri Justice B.

Srikrishna, former Judge of this Court, for that purpose, the matter shall be dealt with appropriately by the Union Government having due regard to what has been set out in this judgment. The growth and development of technology has created new instruments for the possible invasion of privacy by the State, including through surveillance, profiling and data collection Who owns the rights to the Amalgam Universe?

Sony's Spider

processing. Surveillance is not new, but technology has permitted surveillance in ways that are unimaginable. Edward Snowden shocked the world with his disclosures about global surveillance. States are utilising technology in the most imaginative ways particularly in view of increasing global terrorist attacks and heightened public safety concerns. Such profiling can result in discrimination based on religion, ethnicity and caste.

The security environment, not only in our country, but throughout the world makes the safety of persons and the State a matter to be balanced against this right to privacy. The capacity of non-State actors to invade the home and privacy has also been enhanced. Technological development has facilitated journalism that is more intrusive than ever before.

Further, in this digital age, individuals are constantly generating valuable data which can be used Who owns the rights to the Amalgam Universe? non-State actors to track their moves, choices and preferences. Social network providers, search engines, e-mail service providers, messaging applications are all further examples of non-State actors that have extensive knowledge of our movements, financial transactions, conversations — both personal and professional, health, mental state, interest, travel locations, fares and shopping habits.

As we move towards becoming a digital economy and increase our reliance on internet- based services, we are creating deeper and deeper digital footprints — passively and actively. These digital footprints and extensive data can be analysed computationally to reveal patterns, trends, and associations, especially relating to human behaviour and interactions and hence, is valuable information.

The advancement in technology has created not just new forms of data, but also new methods of analysing the data and has led to the discovery of new uses for data. The algorithms are Who owns the rights to the Amalgam Universe?

Who owns the rights to the Amalgam Universe?

effective and the computational power has magnified exponentially. A large number of people would like to keep such search history private, but it rarely remains private, and is collected, sold and analysed for purposes such as targeted advertising. There may be cases where collection and processing of big data is legitimate and proportionate, despite being invasive of privacy otherwise. Knowledge about a person gives a power over that person. The personal data collected is capable of effecting representations, influencing decision-making processes and shaping behaviour.

This can have a stultifying effect on the expression of dissent and difference of opinion, which no democracy can afford. Thus, there is an unprecedented need for regulation regarding the extent to which such information can be stored, processed and used by non-State actors.

There is also a need for protection of such information from the State. Our Government was successful in compelling Blackberry to give to it the ability to intercept data sent over Blackberry devices. While such interception may be desirable and permissible in order to Who owns the rights to the Amalgam Universe? national security, it Who owns the rights to the Amalgam Universe? be unregulated. It is not so simplistic. In today's world, privacy is a limit on the Government's power as well as the Who owns the rights to the Amalgam Universe?

of private sector entities. George Orwell created a fictional State in Nineteen Eighty-Four. Today, it can be a reality. Needless to say that this would not be an absolute right.

The existence of such a right does not imply that a criminal can obliterate his past, but that there are variant degrees of mistakes, small and big, and it cannot be said that a person should be profiled to the nth extent for all and sundry to know. A flight attendant was fired for posting suggestive photos of herself in the company's uniform.

People could then make mistakes and embarrass themselves, with the comfort that the information will be typically forgotten over time. The impact of the digital age results in information on the internet being permanent. Humans forget, but the internet does not forget and does not let humans forget. Any endeavour to remove information from the internet does not result in its absolute obliteration.

The technology results almost in a sort of a permanent storage in some way or the other making it difficult to begin life again giving up past mistakes. People are not static, they change and grow through their lives. But they are entitled to re-invent themselves and reform and correct their Writ Petition Civil No. Privacy of children will require special protection not just in the context of the virtual world, but also the real world.

Individuals should not live in fear that the views they expressed will forever be associated with them and thus refrain from expressing themselves. Whereas this right to control dissemination of personal information in the physical and virtual space should not amount to a right of total eraser of history, this right, as a part of the larger right to privacy, has to be balanced against other fundamental rights like the freedom of expression, or freedom of media, fundamental to a democratic society.

This does not mean that all aspects of earlier existence are to be obliterated, as some may have a social ramification. Such a right Writ Petition Civil No. Such justifications would be valid in all cases of breach of privacy, including breaches of data privacy. While it intervenes to protect legitimate State interests, the State must nevertheless put into place a robust regime that ensures the fulfilment of a threefold requirement.

These three requirements apply to all restraints on privacy not just informational privacy. They emanate from the procedural and content-based mandate of The first requirement that there must be a law in existence to justify an encroachment on privacy is an express requirement of For, no person can be deprived of his life or personal liberty except in accordance with the procedure established by law.

The existence of law is an essential requirement. Second, the requirement of a need, in terms of a legitimate State aim, ensures that the nature and content of the law which imposes the restriction falls within the zone of reasonableness mandated bywhich is a guarantee against arbitrary State action.

The pursuit of a legitimate State aim ensures that the law does not suffer from manifest arbitrariness. Legitimacy, as a postulate, involves a value judgment. Judicial review does not reappreciate or second guess the value judgment of the legislature but is for deciding whether the aim which is sought to be pursued suffers from palpable or manifest arbitrariness. The third requirement ensures that the means which are adopted by the legislature are Writ Petition Civil No.

Proportionality is an essential facet of the guarantee against arbitrary State action because it ensures that the nature and quality of the encroachment on the right is not disproportionate to the purpose of the law. Hence, the threefold requirement for a valid law arises out of the mutual interdependence between the fundamental guarantees against arbitrariness on the one hand and the protection of life and personal liberty, on the other.

Apart from national security, the State may have justifiable reasons for the collection and storage of data. In a social welfare State, the Government embarks upon programmes which provide benefits to impoverished and marginalised sections of society. There is a vital State interest in ensuring that scarce public resources are not dissipated by the Who owns the rights to the Amalgam Universe?

of resources to persons who do not qualify as recipients. Allocation of resources for human development is coupled with a legitimate concern that the utilisation of resources should not be siphoned away for extraneous purposes. Data mining with the object of ensuring that resources are properly deployed to legitimate beneficiaries is a valid ground for the State to insist on the collection of authentic data.

But, the data which the State has collected has to be utilised for legitimate purposes of the State and ought not to be utilised unauthorisedly for extraneous purposes. This will ensure that the legitimate concerns of the State are duly safeguarded while, at the same time, protecting privacy concerns.

Who owns the rights to the Amalgam Universe? and investigation of crime and protection of the revenue are among the legitimate aims of the State.

Digital platforms are a vital tool of ensuring good governance in a social welfare State. Information technology—legitimately deployed is a powerful enabler in the spread of innovation and knowledge. A distinction has been made in contemporary literature between anonymity on one hand and privacy on the other. Privacy involves hiding information whereas anonymity Writ Petition Civil No. An unauthorised parting of the medical records of an individual which have been furnished to a hospital will amount to an invasion of privacy.

On the other hand, the State may assert a legitimate interest in analysing data borne from hospital records to understand and deal with a public health epidemic such as malaria or dengue to obviate a serious impact on the population.

If the State preserves the anonymity of the individual it could legitimately assert a valid State interest in the preservation of public health to design appropriate policy interventions on the basis of the data available to it. Like the right to life and liberty, privacy is not absolute. The limitations which operate on the right to life and personal liberty would operate on the right to privacy. Any curtailment or deprivation of that right would have to take place under a regime of law.

The procedure established by law must be fair, just and reasonable. The law which provides for the curtailment of the right must also be subject to constitutional safeguards. A law which encroaches upon privacy will have to withstand the touchstone of permissible restrictions on fundamental rights.

In the context of an invasion of privacy must be justified on the basis of a law which stipulates a procedure which is fair, just and reasonable. The law must also be valid with reference to the encroachment on life and personal liberty under An invasion of life or personal liberty must meet the threefold requirement of i legality, which postulates the existence of law; ii need, defined in terms of Who owns the rights to the Amalgam Universe?

legitimate State aim; and iii proportionality which ensures a rational nexus between the objects and the means adopted to achieve them. The relationship between the right to privacy and the particular fundamental right or rights involved would depend on the action interdicted by a particular law. At a minimum, since privacy is always integrated with personal liberty, the constitutionality of the law which is alleged to have invaded into a rights bearer's privacy must be tested by the same standards by which a law which invades personal liberty under is liable to be tested.

But this is not to say that such a right is absolute. This right is subject to reasonable regulations made by the State to protect legitimate State interests or public interest. However, when it comes to restrictions on this right, the drill of various articles to which the right relates must be scrupulously followed. For example, if the restraint on privacy is over fundamental personal choices that an individual is to make, State action can be restrained under read with if it is arbitrary and unreasonable; and under read with a only if it relates to the subjects mentioned in and the tests laid down by this Court for such legislation or subordinate legislation to pass muster under the said article.

Each of the tests evolved by this Court, qua legislation or executive action, under read with or read with in the aforesaid examples must be met in order that State action pass muster. In the ultimate analysis, the balancing act that is to be carried out between individual, societal and State interests must be left to the training and expertise of the judicial mind. The concerns expressed on behalf of the petitioners arising from the possibility of the State infringing the right to Writ Petition Civil No.

It goes without saying that no legal right can be absolute. This aspect of the matter is conceded at the Bar. Therefore, even a fundamental right to privacy has limitations. The limitations are to be identified on case-to-case basis depending upon the nature of the privacy interest claimed. There are different standards of review to test infractions of fundamental rights.

Having emphatically interpreted the Constitution's liberty guarantee to contain a fundamental right to privacy, it is necessary for me to outline the manner in which such a right to privacy can be limited. I only do this to indicate the direction of the debate as the nature of limitation is not at issue here.

The classification is unreasonable if there is no intelligible differentia justifying the classification and if the classification has no rational nexus with the objective sought to be achieved.

Arbitrariness, which was first explained at para 85 of. Depending on the graveness of the right at stake, the court adopts a correspondingly rigorous standard of scrutiny. It is from this menu that a standard of review for limiting the right to privacy needs to be chosen. At the very outset, if a privacy claim specifically flows only from one of the expressly enumerated provisions underthen the standard of review would be as expressly provided under However, the possibility of a privacy claim being entirely traceable to rights other than is Who owns the rights to the Amalgam Universe?.

Without discounting that possibility, it needs to be noted that is the bedrock of the privacy guarantee. If the spirit of liberty permeates every claim of privacy, it is difficult, if not impossible, to imagine that any standard of limitation other than the one under applies. It is for this reason that I will restrict the available options to the latter two from the above described four.

The just, fair and reasonable standard of review under needs no elaboration. It has also most commonly been used in cases dealing with a privacy claim hitherto. Hence, it is critical that this standard be adopted with some clarity as to when and in what types of privacy claimsit is to be used. Only in privacy claims which deserve the strictest scrutiny is the standard of compelling State interest to be used.

As for Writ Petition Civil No. When the compelling State interest standard is to be employed, must depend upon the context of concrete cases. However, this discussion sets the ground rules within which a limitation for the right to privacy is to be found. The Court has held, in no uncertain terms, that privacy has always been a natural right which gives an individual freedom to exercise control over his or her personality. In this manner, it protects a person by giving her control over the dissemination of material that is Writ Petition Civil No.

These aspects have functional connection and relationship with dignity. In this sense, privacy is a postulate of human dignity itself. Human dignity has a constitutional value and its significance is acknowledged by the Preamble. Further, by catena of judgments, human dignity is treated as a fundamental right and as a facet not only of but that of right to equality and also part of bouquet of freedoms stipulated in Therefore, privacy as a right is intrinsic of freedom, liberty and dignity.

Viewed in this manner, one can trace positive and negative contents of privacy. The negative content restricts the State from committing an intrusion upon the life and personal liberty of a citizen. Its positive content imposes an obligation on the State to take all necessary measures to protect the privacy of the individual. It is predicated on the basis that privacy is a postulate of dignity and the concept of dignity can be traced to the preamble of the Constitution as well as thereof.

Further, privacy is considered as a subset Writ Petition Civil No. Privacy is also recognised as a natural right which inheres in individuals and is, thus, inalienable. In developing the aforesaid concepts, the Court has been receptive to the principles in international law and international instruments. It is a recognition of the fact that certain human rights cannot be confined within the bounds of geographical location of a nation but have universal application. In the process, the Court accepts the concept of universalisation of human rights, including the right to privacy as a human right and the good practices in developing and understanding such rights in other countries have been welcomed.

In this hue, it can also be remarked that comparative law has played a very significant role in shaping the aforesaid judgment on privacy in Indian context, notwithstanding the fact that such comparative law has only a persuasive value. While doing so, the Court referred to various approaches in formulating privacy30. In his book, Understanding Privacy31, Daniel Solove makes a case for privacy being a family resemblance concept. This taxonomy is adopted in Chelameswar, J.

In formulating this principle, the Court has referred to scholars like Roger Clarke, Anita Allen etc. It has led to the recognition of private spaces or zones as protected under the right to privacy thereby extending the ambit and scope of spatial privacyinformational privacy and decisional autonomy.

The Constitution itself permits State to impose reasonable restrictions on these rights under certain circumstances. Thus, extent and scope of the right to privacy and how and when it can be limited Writ Petition Civil No.

As noted above, Nariman, J. Therefore, such restriction must satisfy the test of judicial review under: i one of the eight grounds mentioned under and the restriction should be reasonable.

This Court has applied multiple standards Writ Petition Civil No. Further, the reasonable restrictions must be in the interests of: i the sovereignty and integrity of India, ii the security of the State, iii friendly relations with foreign States, Who owns the rights to the Amalgam Universe?

public order, v decency or morality or vi in relation to contempt of court, vii defamation or viii incitement to an offence. It is sought to be highlighted that the data which is collected by the State, particularly with Who owns the rights to the Amalgam Universe?

authentication of each transaction entered into by an individual, can be assimilated to construct a profile of such an individual and it particularly violates informational privacy. No doubt, there can be reasonable restrictions on this right, which is conceded by the petitioners.

It is, however, argued that right to privacy cannot be impinged Writ Petition Civil No. Therefore, in the first instance, any intrusion into the privacy of a person has to be backed by a law. Further, such a law, to be valid, has to pass the test of legitimate aim which it should serve and also proportionality i.

Not only this, the law in question must also provide procedural guarantees against abuse of such interference. Further, privacy is not lost or surrendered merely because the individual is in a public place. For example, if a person was to post on Facebook vital information about himself, the same being in public domain, he would not be entitled to claim privacy right.

What, then, does privacy postulate? Privacy postulates the reservation of a private space for the individual, described as the right to be let alone. The concept is founded on the autonomy of the individual.

The ability of an individual to make choices lies at the core of the human personality. The notion of privacy enables the individual to assert and control the human element which is inseparable from the personality of the individual. The inviolable nature of the human personality is manifested in Writ Petition Civil No.

The autonomy of the individual is associated over matters which can be kept private. These are concerns over which there is a legitimate expectation of privacy. The body and the mind are inseparable elements of the human personality. The integrity of the body and the sanctity of the mind can exist on the foundation that each individual possesses an inalienable ability and right to preserve a private space in which the human personality can develop.

Without the ability to make choices, the inviolability of the personality would be in doubt. Recognising a zone of privacy is but an acknowledgment that each individual must be entitled to chart and pursue the course of development of personality.

Hence privacy is a postulate of human dignity itself. Thoughts and behavioural patterns which are intimate to an individual are entitled to a zone of privacy where one is free of social expectations.

In that zone of privacy, an individual is not judged by others. Privacy enables each individual to take crucial decisions which find expression in the human personality. It enables individuals to preserve their beliefs, thoughts, expressions, ideas, ideologies, preferences and choices against societal demands of homogeneity. Privacy is an intrinsic recognition of heterogeneity, of the right of the individual to be different and to stand against the tide of conformity in creating a zone of solitude.

Privacy protects the individual from the searching glare of publicity in matters which are personal to his or her life. Privacy attaches to the person and not to the place where it is Who owns the rights to the Amalgam Universe?. Privacy constitutes the foundation of all liberty because it is in privacy that the individual can decide how liberty is best exercised. Individual dignity and privacy are inextricably linked in a pattern woven out of a thread Who owns the rights to the Amalgam Universe?

diversity into the fabric of a plural culture. Privacy represents the core of the human personality and recognises the ability of each individual to make choices and to take decisions governing matters intimate and personal. Yet, it is necessary to acknowledge that individuals live in communities and work in communities. Their personalities affect and, in turn are shaped by their social environment.

The individual is not a hermit. The lives of individuals are as much a social phenomenon. In their interactions with others, individuals are constantly engaged in behavioural patterns and in relationships impacting on Writ Petition Civil No.

Equally, the life of the individual is being consistently shaped by cultural and social values imbibed from living in the community. This state of flux which represents a constant evolution of individual personhood in the relationship with the rest of society provides the rationale for reserving to the individual a zone of repose. The lives which individuals lead as members of society engender a reasonable expectation of privacy.

The notion of a reasonable expectation of privacy has elements both of a subjective and objective nature. Privacy at a subjective level is a reflection of those areas where an individual desires to be left alone. On an objective plane, privacy is defined by those constitutional values which shape the content of the protected zone where the individual ought to be left alone.

The notion that there must exist a reasonable expectation of privacy ensures that while on the one hand, the individual has a protected zone of privacy, yet on the other, the exercise of individual choices is subject to the rights of others to lead orderly lives. For instance, an individual who possesses a plot of land may decide to build upon it subject to zoning regulations. If the building bye- laws define the area upon which construction can be raised or the height of the boundary wall around the property, the right to privacy of the individual is conditioned by regulations designed to protect the interests of the community in planned spaces.

Hence while the individual is entitled to a zone of privacy, its extent is based not only on the subjective expectation of the individual but on an objective principle which defines a reasonable expectation. The sphere of privacy stretches at one end to those intimate matters to which a reasonable expectation of privacy may attach.

It expresses a right to be left alone. A broader connotation which has emerged in academic literature of a comparatively recent origin is related to the protection of one's identity. Data protection relates closely with the latter sphere.

Data such as medical information would be a category to which a reasonable expectation of privacy attaches. There may be other data which falls outside the reasonable expectation paradigm. Apart from safeguarding privacy, data protection regimes seek to protect the autonomy of the individual.

This is evident from the emphasis in the European data protection regime on the centrality of consent. Related to the issue of consent is the requirement of transparency which requires a Writ Petition Civil No. It is not necessary for the purpose of this case to deal Who owns the rights to the Amalgam Universe? the particular instances of privacy claims which are to be recognised as implicating a fundamental right. Indeed, it would be premature to do so. The scope and ambit of a constitutional protection of privacy can only be revealed to us on a case-by-case basis.

Statutory provisions that deal with aspects of privacy would continue to be tested on the ground that they would violate the fundamental right to privacy, and would not be struck down, if it is found on a balancing test that the social or public interest and the reasonableness of the restrictions would outweigh the particular aspect of privacy claimed.

If this is so, then statutes which would enable the State Who owns the rights to the Amalgam Universe? contractually obtain information about persons would pass muster in given circumstances, provided they safeguard the individual right to privacy as well.

A Writ Petition Civil No. But, in pursuance of a statutory requirement, if certain details need to be given for the statutory purpose concerned, then such details would certainly affect the right to privacy, but would on a balance, pass muster as the State action concerned has Who owns the rights to the Amalgam Universe?

inbuilt safeguards to protect this right—viz. We have dealt with this aspect at the appropriate stage. Principles of Human Dignity: 94 While undertaking the analysis of the judgment in K.

Who owns the rights to the Amalgam Universe?, we have mentioned that one of the attributes laid down therein is that the sanctity of privacy lies in its functional Writ Petition Civil No. Privacy is the constitutional core of human dignity. In the context of Aadhaar scheme how the concept of human dignity is to be applied assumes significance. The concept of human dignity developed in the said judgment was general in nature which is based on right to autonomy and right of choice and it has become a constitutional value.

In the last 40 years or so, this Court has given many landmark judgments wherein concept of human dignity is recognised as an attribute of fundamental rights. In the earlier years, though the meaning and scope of human dignity by itself was not expanded, this exercise has been undertaken in last few years. The judgments rendered in the last few years have attempted to provide jurisprudential basis to the concept of human dignity itself.

The basic principle of the dignity and freedom of the individual is common to all nations, particularly those having democratic set up.

Democracy requires us to respect and develop the free spirit of human being which is responsible for all progress in human history. It is founded on peaceful co-existence and cooperative living. In fact, there is a growing recognition that the true Who owns the rights to the Amalgam Universe? of development of a nation is not economic growth; it is human dignity. More than 225 years ago, Immanuel Kant propounded the doctrine of free will, namely, the free willing individual as a natural law ideal.

They are independent of any particular body of moral or legal rules. They are presuppositions of all such rules, valid and necessary for all of them. Over a period of time, two divergent interpretations of the Kantian criterion of justice came to be discussed. One trend was an increasing stress on the maximum of individual freedom of action as the end of law. This school of thought laid emphasis on the welfare of the society rather than an individual by propounding the principle of maximum of happiness to most of the people.

On the contrary, granting the right to choose gender leads to public good. The second tendency of the Writ Petition Civil No. It is this latter trend with which we are concerned in the present case and this holds good even today. In that united sense at least there is a revival of the natural law theory of justice. It was also emphasised that in certain cases, like the case at hand that of transgendersrecognition of this aspect of human dignity would yield happiness to the individuals and, at the same time, also be in public good.

This right to human dignity has many elements. First and foremost, human dignity is the dignity of each human being 'as a human being'. Another element, which needs to be highlighted, in the context of the present case, is that human dignity is Who owns the rights to the Amalgam Universe?

if a person's life, physical or mental welfare is harmed. It is in this context many rights of the accused derive from his dignity as a human being. These may include the presumption that every person is innocent until proven guilty; the right of the accused to a fair trial as well as speedy trial; right of legal aid, all part of human dignity. Even after conviction, when a person is spending prison life, allowing humane conditions in jail is part of human dignity. Prisons reforms or Jail reforms measures to make convicts a reformed person so that they are able to lead normal life and assimilate in the society, after serving the jail term, are motivated by human dignity jurisprudence.

In fact, this principle of human dignity has been used frequently by Courts in the context of considering the death penalty itself. Way back in the year 1972, the United States Supreme Court kept in mind this aspect in the case of Furman v. The Court, speaking through Brennan, J. The State, even as it punishes, must treat its members with respect for their intrinsic worth as human beings.

A punishment is 'cruel and unusual', therefore, if it does not comport with human dignity'. It isthus, inconsistent with the fundamental premise of the clause that even the vilest criminal remains a human being possessed of common human dignity'.

The Canadian Supreme Court, the Hungarian Constitutional Court and the South African Supreme Court have gone to the extent of holding that capital punishment constitutes a serious impairment of human dignity and imposes a limitation on the essential content of the fundamental rights to life and human dignity and on that touchstone declaring that dignity as unconstitutional. The rights that are guaranteed to differently-abled persons under the 1995 Act, are founded on the sound principle of human dignity which is the core value of human right and is treated as a significant facet of right to life and liberty.

Such a right, now treated as human right of the persons who are disabled, has it roots in of the Constitution. Jurisprudentially, three types of models for determining the content of the constitutional value of human dignity are recognised. These are: i Theological Models, ii Philosophical Models, and iii Constitutional Models. Legal scholars were called upon to determine the theological basis of human dignity as a constitutional value and as a constitutional right. Philosophers also came out with their views justifying human dignity as core human value.

Legal understanding is influenced by theological and philosophical views, though these two are not identical. Aquinas and Kant discussed the jurisprudential aspects of human dignity based on the aforesaid philosophies. Over a period of time, human dignity has found its way through constitutionalism, whether written or unwritten. Even right to equality is interpreted based on the value of human dignity.

Insofar as India is concerned, we are not even required to take shelter under theological Who owns the rights to the Amalgam Universe? philosophical theories. One such right enshrined in is right to life and liberty.

Right to life is given a purposeful meaning by this Court to include right to live with dignity. It is the purposive interpretation which has been adopted by this Court to give a content of the right to human dignity as the fulfilment of the constitutional value enshrined in Thus, human dignity is a constitutional value and a constitutional goal.

What are the dimensions of constitutional value of human dignity? Human dignity as a constitutional value is the factor that unites the human rights into one whole. It ensures the normative unity of human rights.

This normative unity is expressed in the three ways: first, the value of human dignity serves as a normative basis for constitutional rights set out in the Constitution; second, it serves as an interpretative principle for determining the scope of constitutional rights, including the right to human dignity; third, the value of human dignity has an important role in determining the proportionality of a Who owns the rights to the Amalgam Universe?

limiting a constitutional right. All the three goals of human dignity as a constitutional value are expanded by the author in a scholarly manner. Human dignity is the central argument for the existence of human rights. It is the rationale for them all. It is the justification for the existence of rights. According to Christoph Enders, it is the constitutional value that determines that every person has the right to have rights… The second role of human dignity as a constitutional value is to provide meaning to the norms of the legal system.

According to purposive interpretation, all of the provisions of the Constitution, and particularly all of the rights in the constitutional bill of rights, are interpreted in light of human dignity… Lastly, human dignity as a constitutional value influences the development of the common law.

Indeed, where common law is recognised, Judges have the duty to develop it, and if necessary, modify it, so that it expresses constitutional values, including the constitutional value of human dignity. To the extent Who owns the rights to the Amalgam Universe?

common law determines rights and duties between individuals, it might limit the human dignity of Writ Petition Civil No. The Court held that privacy postulates the reservation of a private space for an individual, described as the right to be let alone, as a concept founded on autonomy of the individual.

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