Right To Privacy In India: Emerging Judicial Trends

Himaz Matta, UILS, Chandigarh University, Mohali

ABSTRACT

The most important development of the 21st century is the awareness of the human rights. The establishment of the United Nations Organisation has widened its scope in many dimensions. The right to privacy an off shoot of the industrial and technological revolutions. It is considered as an important civil and political right in the modern society.

The right to privacy as a human right and fundamental right has been described. The right to privacy has been defined by Justice Louis D. Blandeis of the American Supreme Court as "The right to be let alone and most comprehensive of rights and the most valued by civilized men". It was held in Oilmstead v United States. Thus right to privacy is an important civil and political right in a civilized society. Art, 12 of the Universal Declaration of Human Rights 1948 and Art. 17 of the Internal Covenant on Civil and Political Rights 1966 specifically mentions about this right. The right to privacy and its relationship with the modern media and technology have also been discussed in detail in this chapter. It became an important right in this age of information technology. India which became independent in 1947 has incorporated several rights in its Constitution. The basic question is how the right to privacy has been given a constitutional status by the recent judicial trend has been discussed.