Right to online privacy

Privacy is a fundamental human right recognized in the UN Declaration of Human Rights, The international Covenant on civil and political rights and in many other international and regional treaties

Privacy underpins Human dignity and other key values such as freedom of association and also freedom of speech. Whereas in the UK law the rights are protected by the Human Rights Act 1998….

Art. 8 – The right to respect to your family and private life, your home and your correspondence is one of the rights protected by the Human Rights Act.

In nutshell, the right to privacy must therefore be an evolving right. Griswold v. Connecticut17 pronouncement of the United States Supreme Court wherein the Right to Privacy was recognized as a penumbral extension of substantial fundamental rights embedded in the First, third, fourth, and Fifth Amendments, was incorporated, albeit to a limited extent, into the Indian Constitution in the second privacy case of Gobind v. State of M.P18, But the Indian supreme Court did not entirely adhere to the hazy shadowy analogy preferring, rather, to enumerate the Right to Privacy as one of the distinct rights implicit in the right to life and personal liberty under Article 21 of the Constitution of India.

The Constitution of India presently does not have any express Legislation governing data protection or privacy. The relevant laws in India dealing with data protection are,

The Information Technology Act , 2000
The Indian Contract Act, 1872

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COLLECTOR OF MADURA VS. MUTHU RAMALINGA SETHUPATHY

COLLECTOR OF MADURA VS. MUTHU RAMALINGA SETHUPATHY which is popularly known as RAMNAD CASE . The landmark judgement of this case is delivered by the Privy Council stating that ,"Under Hindu Law clear proof of custom will outweigh the written text of the Hindu Law" FACT: In nutshell , the Ramnad case is , The Zamindar of Ramnad ,had died without any legal heir. So, after his death ,his estate vested on his wife Rani Parvathavardhini. After the death of her husband, she adopted a son with the consent of her husband's sapindas but there was no authorization of adoption from her husband.When the Collector of Madura came to know about the death of Zamindar of Ramnad , he notified about the death of the Zamindar without any legal heir.So, Under British law , if any Zamindar died without any heirs, after the death of his wife the Zamindari would be seized by the government ,which is called as "The Doctrine of Lapse".But after the death of the Zamindar's...

The Source of Hindu Law

Introduction Source of Law means “ the roots of the law ” , “ cause of the law ” , “ the things from which the laws have been taken ” . There are many connotations to the word, “ source of law. ” This can be the authority that determines conduct regulations that are accepted as binding by the courts. It can mean the social conditions that motivate the making of law for conditions to be regulated. This can also mean the substance from which the rules and laws are learned, in its literal sense. The Sanskrit word Sindhu has been considered the origin of the word ‘ Hindu ’ . A Hindu is an adherent of Hinduism. The personal laws which governed and are even now governing the social life of Hindus (such as marriage and divorce, adoption, inheritance, minority and guardianship, family matters, etc.) are compiled in the form of Hindu Law. It was revealed to the people by God through Vedas. Various sages and ascetics have elaborated and refined the abstract concepts of life explained in ...

CHHOT AHIRWAR V. STATE OF MADHYA PRADESH

The accused appellant was tried by the Sessions Court, on charges under Section 307/34 of the Indian Penal Code, for attempt, with common intent along with the main accused Khilai, to murder the complainant and for instigating the said accused Khilai to fire at the complainant with a country made pistol, in furtherance of a common intent to kill the complainant. Fact In a nutshell, the case of the Prosecution is that, on 22 nd October, 1992 at about 11.00 a.m., there was a quarrel between the accused appellant and the complainant, in which the said accused Khilai intervened. The said accused Khilai who had joined the accused appellant and the complainant, took out a country made pistol from the pocket of his trousers, pointed it towards the complainant and fired at the instigation of the accused appellant, who urged the said accused Khilai to kill the complainant. The complainant, therefore, sustained injuries on his forehead near his eye and on his lips and shoulder with splinte...

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