Personality Rights Under Indian Law: Evolution, Protection And Comparative Dimensions
- IJLLR Journal
- 5 days ago
- 2 min read
Manavee Srivastava, B.A. LL.B. (Hons.), Atal Bihari Vajpayee School of Legal Studies, Chhatrapati Shahu Ji Maharaj University, Kanpur
ABSTRACT
Personality rights, comprising the right to privacy and the right of publicity, have emerged as an important yet unsettled area within Indian law, lying at the intersection of individual dignity and commercial interests. This paper examines the conceptual basis, evolution, and present legal position of these rights in India, with particular attention to the role of judicial interpretation in shaping their scope in the absence of a dedicated statutory framework. It contends that while courts have progressively recognised elements of personality rights, especially through the expansion of Article 21 and the use of intellectual property and common law principles, the resulting framework remains fragmented and lacks doctrinal clarity.
The paper traces the development of personality rights from their philosophical foundations to their contemporary significance in a digital and media driven environment. It analyses the dual nature of these rights, highlighting the distinction between the protection of personal autonomy and dignity on the one hand, and the commercial value of identity on the other. The study further evaluates the Indian legal position, demonstrating how reliance on diverse legal mechanisms such as constitutional protections, trademark and copyright law, and the doctrine of passing off has led to a piecemeal approach that does not fully address emerging challenges.
A comparative analysis of the United States and the European Union provides useful insights into alternative models of protection. While the United States treats identity as a commercially exploitable interest through the right of publicity, European jurisdictions emphasise dignity, privacy, and data protection. Drawing from these approaches, the paper identifies key gaps in the Indian framework, particularly in relation to digital misuse, artificial intelligence, and the absence of clarity regarding the scope of protection.
The paper concludes by underscoring the need for a more coherent and structured legal approach that can effectively respond to contemporary challenges while maintaining a balance between individual rights and competing societal interests.
Keywords: Personality Rights, Right to Privacy, Right to Publicity, Intellectual Property, Commercial Exploitation
