Advertisement!
Author Information Pack
Editorial Board
Submit article
Special Issue
Editor's selection process
Join as Reviewer/Editor
List of Reviewer
Indexing Information
Most popular articles
Purchase Single Articles
Archive
Free Online Access
Current Issue
Recommend this journal to your library
Advertiser
Accepted Articles
Search Articles
Email Alerts
FAQ
Contact Us
Indian Journal of Law and Human Behavior

Volume  10, Issue 1, January - June 2024, Pages 31-38
 

Original Article

Evolution of the Doctrine of Proportionality: Assessing its Scope and Ambit in Relation to the Right to Privacy in India

Radha Ranjan

Doctoral Research Scholar, Central
University of South Bihar, Gaya 824236, Bihar, India.

Choose an option to locate / access this Article:
90 days Access
Check if you have access through your login credentials.        PDF      |
|

Open Access: View PDF

DOI: http://dx.doi.org/10.21088/ijlhb.2454.7107.10124.3

Abstract

The doctrine of proportionality is a legal principle that aims to balance competing interests in    situations where fundamental rights are at stake. In India, the right to privacy is a fundamental right that has been recognized by the Supreme Court. The scope and ambit of the doctrine of proportionality with respect to the right to privacy in India are vast and complex. The doctrine of proportionality requires that any infringement on the right to privacy be proportionate to the legitimate aim sought to be achieved by the state. The state must demonstrate that the infringement is necessary and proportionate to the legitimate aim sought to be achieved. The doctrine also requires that the least intrusive means be used to achieve the legitimate aim. In India, the scope of the doctrine of proportionality with respect to the right to privacy has been expanded by the Supreme Court in recent years. The Supreme Court has recognized
that the right to privacy is not an absolute right and may be subject to reasonable restrictions. However, any restrictions imposed on the right to privacy must be proportionate and must not be excessive. The ambit of the doctrine of proportionality with respect to the right to privacy in India extends to various aspects of modern life, including surveillance, data protection, and online privacy. The Supreme Court has recognized that the right to privacy extends to informational privacy, which includes the protection of personal data. Overall, the doctrine of proportionality plays a critical role in balancing the competing interests of the state and individuals with respect to the right to privacy in India. It requires the state to demonstrate that any infringement on the right to privacy is necessary and proportionate to the legitimate aim sought to be achieved.


Keywords : Fundamental rights; Right to privacy; Doctrine of proportionality.
Corresponding Author : Radha Ranjan,