Author(s): Ram Kumar

Abstract: Privacy is a fundamental aspect of human existence that has been interpreted and defined differently across cultures and legal systems. This research paper delves into the intricate concept of privacy, with a specific spotlight on its legitimate and verifiable development in India. It seeks to uncover the multifaceted nature of privacy, which extends beyond mere definition and encompasses a myriad of dimensions. Unlike a utility concept, privacy is multidimensional and inherently embedded in human existence. Rather than being bestowed, it is an inherent right, existing prior to any legal recognition. The paper traces the etymological roots of "privacy" to Latin terms such as "privatus" and "privo," which signify the ability of individuals or groups to withhold and selectively reveal information about themselves. Privacy, in its simplest form, was famously characterized by Judge Thomas Cooley as "the right to be let alone." However, the legal landscape evolved over time, with huge achievements like the Olmstead v. US case (1928) and its ensuing inversion in Katz v. U.S. (1967) molding the comprehension of security freedoms in the US. In India, the Gobind v. Territory of Madhya Pradesh case (1975) established the groundwork for deciphering security as an option to be distant from everyone else, while recognizing that a singular's independence is molded by their cultural connections. The exploration additionally investigates worldwide points of view on security, featuring its acknowledgment in the Widespread Announcement of Basic freedoms and the Global Pledge on Covenant on Civil and Political Rights (ICCPR). Worldwide associations like the Unified Countries, the Association for Economic Co-operation and Development (OECD), and the European Association have created rules and shows to safeguard security privileges. Looking at protection from the perspective of Indian culture and history, the paper contends against the misinterpretation that security is strange to Indian culture. Drawing from ancient texts and legal sources, it reveals a rich tradition of respecting individual privacy, including rules in ancient Hindu law, such as "Sarvas swe swe Griha raja" ("Every man is king of his own house"), and references to privacy in epics like the Ramayana and Mahabharata. The exploration likewise thinks about Islamic regulation, stressing the security of the protection of the home as a major common liberty. With regards to English and post-English India, the paper talks about how regulations and lawful arrangements have both perceived and compromised security privileges. It features regulative turns of events, for example, the Data Innovation Act, 2000, which address current difficulties to security in the advanced age. The examination finishes up by talking about the protected advancement of security freedoms in India. While there is no express arrangement for the right to protection in the Indian Constitution, milestone decisions, especially the Puttaswamy judgment in 2017, have perceived security as an inborn piece of the right to life and individual freedom under Article 21.

DOI: 10.22271/civillaw.2024.v4.i1c.77

Pages: 181-187 | Views: 564 | Downloads: 138

Download Full Article: Click Here