Marriage does not eclipse right to privacy: Karnataka High Court
Marriage does not do away with the procedural rights of a person to divulge his personal information, a Division Bench of the High Court has said.
As per Section 33(1), the power of passing an order to divulge the information is conferred on a Court not inferior to that of a Judge of the High Court. But the HC noted that the single judge order had directed an authority lower than that to divulge the details.
The «learned Single Judge has grossly erred in directing the Assistant Director General, Central Public Information Officer (UIDAI) to issue notice to a person whose information sought to be divulged and to decide whether such information is to be divulged. It is a settled principle that, if the Act provides that a particular act is to be made in a particular manner, it should be done in such manner or not at all,» the Division Bench said.
The woman, from Hubballi in north Karnataka, has sought information on the address of her husband mentioned in his Aadhaar card from the Public Information Officer (UIDAI).
She was trying to enforce a family court order against the husband directing to pay maintenance to her.
But he was absconding. The officer replied that an HC order was necessary to divulge the details after which she approached the single bench.
The single bench order was challenged by the Central Public Information Officer (UIDAI).
The HC accepted the arguments against the single judge order.
Citing the Apex Court in the K S Puttaswamy case, the Division Bench said, «The right to privacy of Aadhaar number holder preserves the autonomy of the individual's right to privacy which is conferred primacy and admits of no exception under the statutory scheme.
