[Summary] Because privacy enjoys an abundance of meanings, it is claimed in diverse situations every day by everyone against other people, society, and the state. Traditionally traced to classical liberalism’s public/private divide, there are now several theoretical conceptions of privacy that collaborate and sometimes contend. Indian privacy law is evolving in response to four types of privacy claims: against the press, against state surveillance, for decisional autonomy, and in relation to personal information. The Indian Supreme Court has selectively borrowed competing foreign privacy norms, primarily American, to create an unconvincing pastiche of privacy law in India. These developments are undermined by a lack of theoretical clarity and the continuing tension between individual freedoms and communitarian values.
Tag Archives: Bowers v. Hardwick
[Description] This note briefly narrates a legal history of the decriminalisation of homosexual sex in the United Kingdom and United States through major cases and statutes. It is confined to sexual activity, over which privacy claims have been upheld, only; it does not track current developments regarding same-sex marriage. It does not examine Indian law in respect of homosexuality nor the constitutional challenges to section 377 of the Indian Penal Code, which demand a strict and separate scrutiny.