Dr. Dinkar V.R, LLM, PhD, Professor, School of Law, SRM Institute of Science & Technology, Chennai
Sreedhar Kusuman, Assistant Professor, School of Law, SRM Institute of Science & Technology, Chennai
ABSTRACT
The ‘law of privacy’ as it stands has transformed from the conventional tort principle to the level of a fundamental right. Despite its origins in the private domain, the law of privacy in Indian jurisprudence has gradually shifted towards the public sphere over time. Undeterred by its untidy and fragmented development in the private domain, the doors of the concept of privacy which has been opened by the judiciary are expected to reach divergent areas through its creativity. The judicial decisions in India show that the right to privacy is intertwined with customary rights having roots in the law of easements. Eventually, it was acknowledged as a personal right and then as a vital component of individual liberty. But, it wasn't until the case of Justice Puttaswamy that privacy was considered a fundamental right. In this paper, the author analyses the evolution of the concept of "right to privacy" and demonstrates its origins in "easement law."
