RELATION TO RIGHT TO PRIVACY ANDI LIGITIMATE USE OF FREEDOM OF

PREES

1 . The council for the respondent most humbly submit that peace t.v has infringed right to
privacy of mr. vinay patil. The right to privacy is implicit in the right to life and liberty
guaranteed to the citizens of the country by Article 21. Of Soland Constitution . It is a "right
to be let alone"1. A citizen has a right to safeguard the privacy of his own, his family,
marriage, procreation, motherhood, child-bearing and education among other matters. None
can publish anything concerning the above matters without his consent— whether truthful or
otherwise and whether laudatory or critical. If he does so, he would be violating the right to
privacy of the person concerned and would be liable in an action for damages2.

2. The Right to Life and Liberty, as stated in Article 21, also included the right to privacy. the
right to privacy thus automatically became a fundamental right.3 The term "privacy" has been
described as "the rightful claim of the individual to determine the extent to which he wishes
to share of himself with others and his control over the time, place and circumstances to
communicate with others. It means his right to withdraw or to participate as he sees fit. It also
means the individual's right to control dissemination of information about himself; it is his
own personal possession"4

3.The right to privacy in India has derived itself from essentially two sources: the common
law of torts and the constitutional law In common law, a private action for damages for
unlawful invasion of privacy is maintainable. The printer and publisher of a journal,
magazine or book are liable in damages if they publish any matter concerning the private life
of the individual without such person's consent.

4. The right to personal liberty takes in not only a right to be free from restrictions placed on
his movements, but also free from encroachments on his private life. It is true our
Constitution does not expressly declare a right to privacy as a fundamental right, but the said
right is an essential ingredient of personal liberty. Every democratic country sanctifies
domestic life; it is expected to give him rest, physical happiness, peace of mind and security.
In the last resort, a person's house, where he lives with his family, is his "castle" : it is his
rampart against encroachment on his personal liberty.5

5. Further Universal declaration of human rights describes privacy under Article 12 as” No
one shall be subjected to arbitrary interference with his privacy, family, home or correspondence,

1
The Oxford Dictionary of Law defines privacy as the “right to be left alone
2
R. Rajagopal & Ors. vs. State of Tamil Nadu & Ors. AIR 1995 SC 264, (1994) 6 SCC 632
3
Justice K.S. Puttaswamy (Retd.) & Anr. vs. Union of India & Ors. (2017) 10 SCC 1, AIR 2017 SC 4161
3

4
Adam Carlyle Breckenridge: The Right to Privacy, 1971 .
5
Kharak Singh vs. State of Uttar Pradesh and Ors
nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law
against such interference or attacks.”6

7. Article 19(1) (a) guarantees all citizens the right to freedom of speech and expression.
It is the right to freedom of speech and expression that gives the media the right to
publish any information. Reasonable restrictions on the exercise of the right can be
imposed by the State in the interests of sovereignty and integrity of the State, the
security of the State, friendly relations with foreign States, public order, decency or
morality, or in relation to contempt of court, defamation or incitement to an offence.

8.

6
https://www.un.org/en/about-us/universal-declaration-of-human-rights#:~:text=Article%2012,against
%20such%20interference%20or%20attacks.