Justice K.S.Puttaswamy(Retd) vs Union Of India on 26 September, 2018
Puttaswamy, we have mentioned that one of the attributes laid down therein is that the sanctity of
privacy lies in its functional relationship with dignity. 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.
95) In Common Cause v. Union of India32, the concept of human dignity has been explained in
much detail 33. 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. Earlier judgments have mentioned that human dignity is the intrinsic value of every human
being and, in the process, a persons autonomy as an attribute of dignity stands recognised. The
judgments rendered in the last few years have attempted to provide jurisprudential basis to the
concept of human dignity itself.
96) In National Legal Services Authority v. Union of India & Ors. 34 while recognising the right of
transgenders of self determination 32 (2018) 5 SCC 1 33 See paras 72-79 of the judgment 34 (2014)
5 SCC 438 of their sex, the Court explained the contours of human dignity in the following words:
106. 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. Democracy is also a method by which we attempt to raise
the living standard of the people and to give opportunities to every person to develop
his/her personality. It is founded on peaceful co-existence and cooperative living. If
democracy is based on the recognition of the individuality and dignity of man, as a
fortiori we have to recognize the right of a human being to choose his sex/gender
identity which is integral to his/her personality and is one of the most basic aspect of
self-determination, dignity and freedom. In fact, there is a growing recognition that
the true measure of development of a nation is not economic growth; it is human
dignity.
107. More than 225 years ago, Immanuel Kant propounded the doctrine of free will,
namely, the free willing individual as a natural law ideal. Without going into the
detailed analysis of his aforesaid theory of justice (as we are not concerned with the
analysis of his jurisprudence) what we want to point out is his emphasis on the
freedom of human volition. The concepts of volition and freedom are pure, that is not
drawn from experience. 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.
108. 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
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