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Defamation And Marital Rape Under The Law Of Torts




Swarangi. Vikas. Bhagwat, BBA.LLB, IFIM Law School, Bangalore

ABSTRACT

“Trespassing into a person’s private life is in itself a tort and the means used for trespassing are of no importance. What is important is that the trespass was committed and a person’s right to privacy was violated.” Right to Privacy is a fundamental right which can be drawn from article 14 (Right to Equality before law), article 19 (Right to freedom of speech and expression) and article 21 (Right to protection of life and personal liberty) which are included in Part III of the Constitution of India. This trinity of rights grants complete protection to an individual from violation of their basic rights, which every human is entitled to. This research paper makes a note of the cases in which the right of privacy was infringed, the other torts which arose due to such violation, the mental and physical loss suffered by the aggrieved parties, the judgements given by the courts, the criticism to the delivered judgments, the possible solutions to eliminate the infringement of the Right of Privacy to any individual, the torts that were breached and questioning the implementation of the prescribed rights in the Constitution of India by the concerned authorities.



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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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