Balancing Right to Know & Right to Privacy in India

The recent deliberations in the Supreme Court regarding the electoral bonds scheme spotlight the tension between the Right to Know and the Right to Privacy. Here’s a breakdown of the key aspects:

ight to Know vs Right to Privacy: Derived from Article 19(1)(a) and Article 21 of the Indian Constitution, respectively, these rights are not absolute and can be restricted under certain conditions.

K.S. Puttaswamy Judgment: Affirmed the Right to Privacy as fundamental, including informational privacy, fueling debate over its co-existence with the Right to Know.

Digital Personal Data Protection Bill, 2023: This bill aims to safeguard privacy but is criticized for potentially weakening the Right to Information (RTI) Act.

Electoral Bonds Issue: Introduced for clean political funding, electoral bonds maintain donor anonymity, raising questions about the balance between transparency and privacy in political donations.

The apex court’s reserved judgment on the electoral bonds case is eagerly awaited, as it will have significant implications for the interplay and limits of these competing fundamental rights.

SRIRAM’s