When the official discussion on the Right to Privacy started, the argument against it from the executive was that it was of an amorphous nature and could not be defined. However, they actually failed to see specific, well-defined areas of privacy.
Now, when the Attorney General tells the Supreme Court that dignity of life and meaningful life are the principal basis for linking private data to Aadhaar, and the right to privacy is only a subsidiary element and it should give way to the above-mentioned safeguards of life, there is a logical fallacy in it.
Here, there is a subterfuge of fallacy which a clever logician uses to defeat his opponent. However, it is unfair of the Attorney General to resort to sophistry.
Human dignity has several parameters. There are many unseen niches of privacy of body and mind.
Can our thoughts, especially those of writers, thinkers and artists, be always bridled? Without their beautiful vision, our life would be very dry.The unprecedented step of 'Swachh Bharath' taken by the Modi government deserves to be praised whole-heartedly not only because it made the environment clean from open defecation, but primarily because it respected the privacy, necessary for the human body especially that of women. Our body and mind need privacy.
I humbly suggest the Supreme Court to leave the matter to the legislative body under an unerring interpretation of the judiciary. The Supreme Court can exercise its discretionary powers to approve or disapprove of the Bills passed by the legislator, when the issue comes before the judiciary.
In this context let me recall the words of President Kennedy in his inaugural address: "The rights of man come not from the generosity of the state, but from the hands of God." The right to privacy are rooted in our human nature.
Let me also quote from the 30 articles of Universal Declaration of Human Rights proposed by Rene Cassin and approved by UNO. The original is in French.
Article 3 reads "Every individual has the right to life, to liberty, and the surety of his person”.
Taking away the Right to Privacy is equivalent to taking away the dignity of man. The meaning of life refers to the total human personality and the aspiration to reach higher plains of freedom and creativity.
