Friday, January 3, 2020
Human Rights and Right of Privacy - 3471 Words
HUMAN RIGHTS AND RIGHT OF PRIVACY Prasanta Kumar Dey ââ¬Å"Civilization is the progress towards a society of privacy. The savageââ¬â¢s whole existence is public ruled by law of his tribe. Civilization is the process of setting man free from menâ⬠- Ayn Rand : The Fountain head, 1943. The idea of privacy is as old as Bibalical notion of creation of progenies on earth. Even Adam and Eve tried to hide their nudity with leaves. Privacy is vital to the mental spiritual and physical well being of all individuals and also to the morality and personality of individual . It is necessary for a secure relationship between individual and individual whether it is between man and wife, son and father or a friend and friend. In otherâ⬠¦show more contentâ⬠¦Right to Privacy in India: The concept of privacy was better known in ancient India than elsewhere when the Vedas began to originate Dharmashastras codified the concept of privacy and their commentaries expanded the Law of Privacy. In his Arthashastra Kautilya prescribed procedure to ensure privacy in consultation with his ministers. Though we come across certain legislative provisions for the protection of privacy interests such as Section 509 of the Indian Penal Code, Section 18 of the Indian Easement Act (1882), Section 26, 164 (3) and 165 of the Criminal Procedure Code (1898). We find that the term ââ¬ËPrivacyââ¬â¢ is not legislatively defined. Nor do we find any definition of this term in the judicial pronouncement. Though right to privacy has not been mentioned in the chapter of Fundamental Rights under the Indian Constitution but its value have been recognized and emphasized by Justice Subha Rao in Kharak Sigh vs. U. P. and Justice Mathew in Govind vs. M. P. Right to privacy has been called out of the provisions of Article 21 and other provisions of the Constitution relating to Fundamental Rights read and with Directive Principles of State Policy. It was in this context held by the court in Kharak Sing vs. State of U. P. that police surveillance of a person by domiciliary visit would be violative of Article 21 of the Constitution. Mathew Justice considered this decision in his classicShow MoreRelatedPrivacy Is A Fundamental Value Of Human Right1098 Words à |à 5 Pagespriorities for the name of common good too, right? But there is a borderline between what an individual should and shouldnââ¬â¢t give up. For example, privacy rights. In most cases, people would claim that they have nothin g to hide, but the definition of privacy is not covering the atrocious. Privacy is a fundamental value of human right; it is our defense and space permitted to us of being ourselves. The right to privacy is to forestall the invasion of privacy by other people and the government to haveRead MoreThe Right Of Privacy : A Human Right And An Element Of Various Legal Traditions1324 Words à |à 6 PagesThe Right to Privacy can be described as a human right and an element of various legal traditions which may restrain both government and private party action that threatens the privacy of individuals. On the topic of an individual s Right to Privacy, there comes controversy. Some would argue that it is a right and others would say it is a privilege. Those that say it is a privilege, would argue that the Right to Privacy can be taken from anyone at anytime without their consent. On the flip sideRead MoreEssay on Brief History and Introduction of Privacy and Human Rights2741 Words à |à 11 PagesBrief History and Introduction of Privacy and Human Rights From Article 21 of the Japan Constitution states, ââ¬Å"Freedom of assembly and association as well as speech, press and all other forms of expression are guaranteed. 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Privacy is considered as our fundamental right (UN Declaration of Human rights) which refers to freedom of speech, freedom of keeping information secret from others (David Banisar, Simon Davies). Privacy violation is becoming major concern. Now in these days almost constitution of every country privacy is considered human right. GovernmentsRead More Patients Rights Essay1618 Words à |à 7 Pagescultivated the patientsââ¬â¢ rights movement. Individuals sought to become proactive in the healthcare and the healing process of their bodies. Because the medical practice was evolving rapidly in technology and specialized care, patientsââ¬â¢ healthcare and rights became a major concern that needed to be addressed. In 1973 the American Hospital Association published a patientsââ¬â¢ bill of rights that provided the patient with most advantageous healthcare available. This bill of rights required all accreditedRead MoreThe Right Of Privacy, By Richard Posner1460 Words à |à 6 PagesIn ââ¬Å"The Right of Privacy,â⬠Richard Posner argues that, ââ¬Å"the law should in general accord private business information greater protection than it accords personal information. Secrecy is an important method of appropria ting social benefits to the entrepreneur who creates them while in private life it is more likely to conceal discreditable factsâ⬠(Posner 404). However, his argument is flawed, because it denigrates individuals, diminishing the value of their privacy in order to place the corporateRead MoreMicrochips in humans1002 Words à |à 5 Pagesï » ¿Microchips in Humans In todayââ¬â¢s society, technology continues to find new ways to protect our children and families. Several devises have already been developed to track children when they are away from home. These devises work by GPS signal to track the movement of the child and are worn externally or are imbedded in an item of clothing. There are also GPS devices already approved for implantation in humans. VeriChip was the only Food and Drug Administration-approved human-implantable microchipRead MoreThe Debate Of Security Versus Privacy Essay1257 Words à |à 6 Pagesââ¬Å"does our right to privacy still matter?â⬠. The NSA claims to be doing this in order to protect the rights of citizens, not dissipate them. The debate of security versus privacyâ⬠has evolved into a choice between liberty and totalitarian control. Even if tyranny arises due to a global threat, once itââ¬â¢s established, the people are without a voice. Liberty requires security without intrusion, security plus privacy. Even if people have nothing to hide, they should hold onto their rights to privacy as it
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