Privacy Archives | Law and Other things

Profession and Privacy: Critiquing the Surrogacy Bill

On September 20, 2020 By Vibha Nadig In Constitutional Law, Fundamental Rights, Privacy

In this article, the author critiques the proposed surrogacy law on the touchstone of fundamental rights. First,that commercial surrogacy is an occupation under Article 19(1)(g). Second, it argues that the Bill infringes on the right to privacy of individuals undergoing surrogacy.

Orissa HC Judgment Highlights the Challenge of Protecting Privacy of COVID-19 Patients

On August 21, 2020 By Suman Bhattamishra and Rangin Tripathy In Constitutional Law, Editor's Choice, Fundamental Rights, Privacy

Profs. Rangin P. Tripathy and Suman Bhattamishra of analyse the Orissa HC judgment on privacy of Covid-19 patients and its application of the Puttaswamy decision to completely prohibit the disclosure of patients’ identity. They also critique the judgment for not attempting to establish a threshold of proportionality in relation to specific disclosures by the State.

Yet another creation of crime!

On February 15, 2019 By Aditya Saraswat and Anmol Jain In Discrimination, Fundamental Rights, Karnataka High Court, Legislation Analysis, Legislative Reform, Privacy, Supreme Court of India

This post discusses the approach in the Lok Sabha from regulating commercial surrogacy to criminalizing it and how such transition is in conflict with the guaranteed rights.

Social Dimensions Of Judicial Decisions: The Navtej Johar Template

On October 19, 2018 By Adil Saifudheen and Pranav Tanwar In Constitutional Interpretation, Constitutional Law, Discrimination, Equality, Fundamental Rights, Privacy, Supreme Court of India

In this post, the authors argue that while the Navtej Johar judgment is tool for social change, it may be unable to function as an effective measure for social acceptance.

Understanding the Sabarimala Verdict- Part III

On October 17, 2018 By Bhavisha Sharma In Constitutional Interpretation, Constitutional Law, Discrimination, Equality, Fundamental Rights, Privacy, Supreme Court of India, Women's Rights

This post is the concluding part of a three part series deconstructing the Sabrimala Verdict which opened the gates of temple to women devotees.

The Impact Of Puttaswamy Judgement On The Rights Of The Media

On September 20, 2018 By Vishal Rakhecha In Constitutional Interpretation, Constitutional Law, Equality, Fundamental Rights, Judgment Analysis, Privacy, Supreme Court of India

The post is an attempt to anticipate the trajectory of decisions following the Puttaswamy judgment, in dealing with cases where the right to freedom of speech and right to privacy are seemingly in conflict, based on a decisions of a few High Courts in this regard.

Long Parade to Freedom: Section 377 and the Queer Movement in India

On September 7, 2018 By and Shweta Rao In Constitutional Interpretation, Discrimination, Equality, Fundamental Rights, Privacy, Supreme Court of India

The history of the queer movement in India has been a history of continuous contestation, redefinition, and re-evaluation, all leading to the altar of the nation’s apex court. Today marks the culmination of a decades-long …

The Many Ups and Downs in the Battle of Section 377

On September 6, 2018 By Gayatri Gupta In Constitutional Law, Discrimination, Editor's Choice, Equality, Explainer, Free Speech, Fundamental Rights, Privacy

In this post, the author traces the history of Section 377 and the queer movement in India. Starting from the implementation of this section in the colonial era to Naz and Koushal judgment, this post is one stop destination to understand the incidents that finally led to the Navtej Johar judgment.

Three reflections on the s 377 case

On July 18, 2018 By Tarunabh Khaitan In Constitutional Law, Discrimination, Fundamental Rights, Privacy, Supreme Court of India

I recently wrote 3 guest posts for the Indian Constitutional Law and Philosophy blog reflecting on the legal journey of section 377, culminating in the just-concluded hearings in the Supreme Court. In the first post, …

‘I decide who I am’ : The Self-Identification Question in The Transgender Persons (Protection of Rights) Bill, 2016

On June 20, 2018 By Mihika Poddar In Comparative Law, Constitutional Law, Discrimination, Equality, Legislation Analysis, Privacy

The Transgender Persons (Protection of Rights) Bill, 2016 (‘the Bill’), has failed the transgender community, and severely waters down the guarantees of the NALSA judgement. (Its several critiques can be found here and here). One …