Indian Journal of Law and Justice

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Indian Journal of Law and Justice (ISSN : 0976-3570 ) is a peer-reviewed Journal published in March and September, by the Department of Law, University of North Bengal, Darjeeling, West Bengal, India. The Indian Journal of Law and Justice are intended to provide a forum for analysis and research on various aspects of law. The IJLJ also invites Research papers, Articles and Technical notes/comments on law and law related issues. For further details see Focus and scope.

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Author: search.filters.author.Misra, BibhabasuSubject: search.filters.subject.Privacy

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    Right to Privacy as a Fundamental Right in Absence of Express Statutory Provisions: A Critical Analysis of Justice K.S.Puttaswamy (Retd.) V. Union of India
    (University of North Bengal, 2020-09) Misra, Bibhabasu
    Inalienable rights are inherent in Human called as natural rights as for example “Right to privacy.” Positive law made by legislature regulate it according to States’ reasonable necessity. These limitations are mentioned in the Constitution itself. In India, right to privacy has been recently recognised by the Supreme Court. In India there was a bill related to Right to privacy. The judgments of the Court are mainly corrective in nature and enforceable by the Contempt of Courts Act, 1971 (Civil Contempt and Criminal Contempt.) or with the help of Article 142 and 144 of Indian constitution. In absence of specific legislation, we can read the right to privacy in statutes like IPC, CRPC, Easement, etc. If we file a petition under the Contempt of Courts Act, 1971; it will generate procedural difficulties, that is permission needs to be taken from Advocate General. Thus, corrective approach of the Court is only remedy in absence of express statutory provisions.