Dr. Suman Yadav
Assistant Professor, Faculty of Law, University of Delhi
Abstract
Every person has certain private and personal aspects of their lives that they do not want to share with the world. We can find ‘privacy’ as a right in ancient Hindu Scriptures such as Manusmriti. The principle of privacy was also recognised in our ancient legislation, the Dharmashastras. Extensive laws governing the construction of dwellings are also outlined in Kautilya’s Arthashastra. Modern theorists, Hobbes, Locke, and Rousseau planted the seeds of the ‘right to privacy’ by praising the idea of Natural Rights. The Indian Supreme Court’s view on whether to recognise privacy as a basic right contained in the right to life and personal liberty has been inconsistent. The majority of people are inextricably linked with technology, which is increasingly invading our personal information. However, the evolution of privacy can be traced through the series of progressive judgments of the Supreme Court. Technology has altered the medium of privacy, posing significant challenges and concerns. As a result, an in-depth investigation of mapping the philosophical sanctity of privacy with the help of ancient and modern thinkers and their works will be made in this research paper. In addition, the paper will explore and reflect on existing concerns and upcoming obstacles in enforcing privacy as a fundamental right.
Keywords: Privacy, Manusmriti, Dharmashastra, Arthashastra, Hindu Scriptures
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