Fight Between Right to Privacy and Right to Know
FIGHT BETWEEN RIGHT TO PRIVACY AND RIGHT TO KNOW
Rights to Privacy In most of the common law constitutions, right to privacy is not given expressly to their citizens, but derived from judicial review and court decisions. The term “privacy” has been described as “the rightful claim of the individual to determine the extent to which he wishes to share of himself with others and his control over the time, place and circumstances to communicate with others. It means his right to withdraw or to participate as he sees fit. It also means the individuals right to control dissemination of information about himself; it is his own personal possession.” Privacy has also been defined as a Zero-relationship between two or more persons in the sense that there is no interaction or communication between them, if they choose. Numerous legal and moral philosophers have suggested that privacy is valued because it satisfies a number of primacy human needs.
The Right to Privacy in India The right to privacy in India has derived itself from essentially two sources: the common law of torts and the constitutional law in common law, a private action for damages for unlawful invasion of privacy is maintainable. The printer and publisher of a journal, magazine or book are liable in damages if they publish any matter concerning the private life of the individual without such person’s consent. There are 2 exceptions to this rule: First, that the right to privacy does not survive once the publication relates to the discharge of the official duties of a public servant, an action is not maintainable unless the publication is proved to be false, malicious or in reckless disregard for truth. In India, the Constitution does not expressly recognize the right to privacy. The concept of privacy as a fundamental right first evolved in 1964 in the case of Kharak Singh Vs. State of Uttar Pradesh. The Supreme Court, for the first time, recognized that there is a right of privacy implicit in the
Rights to Privacy In most of the common law constitutions, right to privacy is not given expressly to their citizens, but derived from judicial review and court decisions. The term “privacy” has been described as “the rightful claim of the individual to determine the extent to which he wishes to share of himself with others and his control over the time, place and circumstances to communicate with others. It means his right to withdraw or to participate as he sees fit. It also means the individuals right to control dissemination of information about himself; it is his own personal possession.” Privacy has also been defined as a Zero-relationship between two or more persons in the sense that there is no interaction or communication between them, if they choose. Numerous legal and moral philosophers have suggested that privacy is valued because it satisfies a number of primacy human needs.
The Right to Privacy in India The right to privacy in India has derived itself from essentially two sources: the common law of torts and the constitutional law in common law, a private action for damages for unlawful invasion of privacy is maintainable. The printer and publisher of a journal, magazine or book are liable in damages if they publish any matter concerning the private life of the individual without such person’s consent. There are 2 exceptions to this rule: First, that the right to privacy does not survive once the publication relates to the discharge of the official duties of a public servant, an action is not maintainable unless the publication is proved to be false, malicious or in reckless disregard for truth. In India, the Constitution does not expressly recognize the right to privacy. The concept of privacy as a fundamental right first evolved in 1964 in the case of Kharak Singh Vs. State of Uttar Pradesh. The Supreme Court, for the first time, recognized that there is a right of privacy implicit in the