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Showing posts with the label Privacy Rights

Blanket Ban on WhatsApp–Meta Data Sharing: Legal, Constitutional, and Competition Law Implications in India

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I. Background: WhatsApp’s Submissions Before the Supreme Court WhatsApp recently informed the Supreme Court of India that it does not read private messages, sell user data, or use encrypted chats for targeted advertisements , reaffirming its commitment to end-to-end encryption. However, it strongly opposed a blanket prohibition on data sharing with its parent company, Meta Platforms , arguing that such a restriction would harm user choice, disrupt legitimate business operations, and negatively impact small Indian enterprises that rely on digital advertising. The matter is being heard by a Bench comprising Chief Justice of India Surya Kant and Justices Joymala Bagchi and Vipul M. Pancholi , in appeals filed by WhatsApp, Meta, and the Competition Commission of India (CCI) against a National Company Law Appellate Tribunal (NCLAT) ruling dated November 4, 2025 , which upheld a penalty of ₹213.14 crore on WhatsApp for abuse of dominance under competition law. II. Regulatory Background: C...

Right to Menstrual Hygiene Is a Fundamental Right Under Article 21: Supreme Court’s Landmark Ruling Explained

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Background of the Case The Supreme Court of India, in a significant rights-based judgment, has categorically held that the right to menstrual hygiene forms an intrinsic part of the right to life and dignity under Article 21 of the Constitution . The ruling was delivered by a Bench comprising Justice J.B. Pardiwala and Justice R. Mahadevan while deciding a writ petition seeking directions to the Union of India and States to ensure free sanitary pads and separate toilets for girl students (Classes 6 to 12) in government-aided schools. The Court expanded the scope of constitutional guarantees by linking menstrual health, dignity, equality, privacy, and access to education into a single enforceable rights framework. Core Constitutional Questions Before the Court The Bench framed and conclusively answered the following constitutional questions: Whether the absence of gender-segregated toilets violates Article 14 (Right to Equality) Whether denial of access to menstrual hygiene products v...