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THE FUTURE OF RIGHTS BASED LITIGATION IN INDIA (PART II)                                                                                                                                     Ragini Gupta, B. Sc. LL.B (Hons.),National Law University Jodhpur Law Researcher to Justice Prathiba M. Singh, Delhi High Court Editorial Note: ...

THE FUTURE OF RIGHTS BASED LITIGATION IN INDIA (PART I)                                                                                                                                     Ragini Gupta, B. Sc. LL.B (Hons.),National Law University Jodhpur Law Researcher to Justice Prathiba M. Singh, Delhi High Court Editorial Note:...

PRIVACY AS A RIGHT: HURDLES AND OPPORTUNITIES (PART II) Tamish Kumar, 1 st Year, BBA.LLB (Hons.), Symbiosis Law School, Pune Editorial Note: In continuation of the previous blog post, the author looks at some other issues concerning the right to privacy in the Indian context. The earlier part is available   here. III. Surveillance Laws India’s position towards phone-tapping is built around the 1996 judgement of Supreme Court [1] which involved the case of rampant telephone tapping of politicians in New Delhi. The Court held that ‘t elephone conversation is an important facet of a man’s private life. Right to privacy would certainly include telephone-conversation in the privacy of one’s home or office’. With people now moving more towards electronic storage and means of communication, mere mention of telephonic conversation would render the judgement archaic. The government still orders for active surveillance, disregarding the citizens’ right to privacy. For ...

PRIVACY AS A RIGHT: HURDLES AND OPPORTUNITIES (PART I) Tamish Kumar, 1 st Year, BBA.LLB (Hons.), Symbiosis Law School, Pune Editorial Note: The recently recognised right to privacy has been the subject of much celebration. Yet, its recognition in the current legal system brings with it some hurdles as well as opportunities, as discussed by the author in this blog. “There are cases where a decision one way or the other will count for the future, will advance or retard sometimes much, sometimes little, the development of the law in a proper direction. It is in these types of cases where the judge is to leap into the heart of legal darkness, where the lamps of precedent and common law principles flicker and fade, that the judge gets an opportunity to mould the law and to give it its shape and direction. This is what we have been trying to do in India.” - Prafullachandra Natwarlal Bhagwati, 17 th Chief Justice of India Former CJI P.N. Bhagwati’s words took shape inth...