Friday, January 3, 2020

Human Rights and Right of Privacy - 3471 Words

HUMAN RIGHTS AND RIGHT OF PRIVACY Prasanta Kumar Dey â€Å"Civilization is the progress towards a society of privacy. The savage’s whole existence is public ruled by law of his tribe. Civilization is the process of setting man free from men† - 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 other†¦show more content†¦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 ‘Privacy’ 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   |  5 Pagespriorities for the name of common good too, right? But there is a borderline between what an individual should and shouldn’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   |  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. 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