abhishreshthaa
Abhijeet S
Right to privacy
The law of privacy is recognition of the individual's right to be let alone and to have his/her personal space inviolate. The need for privacy and its recognition as a right is a modern phenomenon. It is the product of an increasingly individualistic society in which the focus has shifted from society to the individual.
In India, the right to privacy is not a specific fundamental right but has gained constitutional recognition. Unfortunately, the right to privacy is not one of the "reasonable restrictions" to the right to freedom of speech and expression under Article 19(1) (a).
However, this lacuna has not prevented the courts from carving out a constitutional right to privacy by a creative interpretation of the right to life and the right to freedom of movement.
The right to privacy in India has derived itself from essentially two sources: the common law of torts and the constitutional law. In common law, a private action for damages for unlawful invasion of privacy is maintainable. The printer and publisher of a journal, magazine or book are liable in damages if they publish any matter concerning the private life of the individual without such person's consent. There are two exceptions to this rule: first, that the right to privacy does not survive once the publication is a matter of public record and, second, when the publication relates to the discharge of the official duties of a public servant, an action is not maintainable unless the publication is proved to be false, malicious or is in reckless disregard for truth.
Under the constitutional law, the right to privacy is implicit in the fundamental right to life and liberty guaranteed by Article 21 of the Constitution. This has been interpreted to include the right to be let alone. The constitutional right to privacy flowing from Article 21 must, however, be read together with the constitutional right to publish any matter of public interest, subject to reasonable restrictions.
The law of privacy is recognition of the individual's right to be let alone and to have his/her personal space inviolate. The need for privacy and its recognition as a right is a modern phenomenon. It is the product of an increasingly individualistic society in which the focus has shifted from society to the individual.
In India, the right to privacy is not a specific fundamental right but has gained constitutional recognition. Unfortunately, the right to privacy is not one of the "reasonable restrictions" to the right to freedom of speech and expression under Article 19(1) (a).
However, this lacuna has not prevented the courts from carving out a constitutional right to privacy by a creative interpretation of the right to life and the right to freedom of movement.
The right to privacy in India has derived itself from essentially two sources: the common law of torts and the constitutional law. In common law, a private action for damages for unlawful invasion of privacy is maintainable. The printer and publisher of a journal, magazine or book are liable in damages if they publish any matter concerning the private life of the individual without such person's consent. There are two exceptions to this rule: first, that the right to privacy does not survive once the publication is a matter of public record and, second, when the publication relates to the discharge of the official duties of a public servant, an action is not maintainable unless the publication is proved to be false, malicious or is in reckless disregard for truth.
Under the constitutional law, the right to privacy is implicit in the fundamental right to life and liberty guaranteed by Article 21 of the Constitution. This has been interpreted to include the right to be let alone. The constitutional right to privacy flowing from Article 21 must, however, be read together with the constitutional right to publish any matter of public interest, subject to reasonable restrictions.