Right to Privacy: A Critical Analysis

  • Sahil Goel
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  • Sahil Goel

    Student at Amity Law School, Noida, India

Abstract

“Law is a normative science that is a science which lays down norms and standard for human behaviour in a specified situation or situations which is enforceable through the sanctions of the state.” The concept of privacy has been the most challenging & technical issue in front of our judiciary, government & the people of India in the past. But what actually do we mean by the term privacy & in what context do we say, that we should have a right to privacy? It is important to critically analyze the right to privacy because initially, the right to privacy had a very narrower scope as it only included 'right to be let alone”. The objective to conduct this research-based study is to trace the evolution of privacy, find out what exactly privacy is & how it evolved through various cases before the judiciary. The paper would critically analyze the judgment & its implications in KS Puttaswamy Vs Union of India case in which right to privacy was declared to be a fundamental right under part 3 of the Constitution of India & not an elitists phenomenon anymore, by a 9-judge bench of Supreme court of India. This judgment broadened the scope of Article 21 which entitles a person to right to life & personal liberty & included right to privacy under this article. Apart from the above, the paper would also focus on other aspects related to privacy such as phone tapping, state surveillance & privacy in the age of pandemic. The expected outcome of study would be to properly understand the view of judiciary towards right to privacy & what more needs to be achieved as a nation as far as right to privacy is concerned specially in the digital age.

Type

Research Paper

Information

International Journal of Law Managment and Humanities, Volume 4, Issue 3, Page 2117 - 2140

DOI: https://doij.org/10.10000/IJLMH.11695

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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