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Human Rights and Right of Privacy

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HUMAN RIGHTS AND RIGHT OF PRIVACY Prasanta Kumar Dey “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 classic

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