Right to Privacy with Special Reference to Dignity of Women 2016
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RIGHT TO PRIVACY WITH SPECIAL REFERENCE TO DIGNITY OF WOMEN A THESIS Submitted for the award of Ph.D. Degree In the Faculty of Law to the University of Kota, Kota (Rajasthan) Submitted by: Supervised by: Rajani Prabha Gupta Dr. Kailash Chandra Sharma Research Scholar Principal (Retd.) University of Kota, Government Law College, Kota (Raj.) Jhalawar (Raj.) 2016 Dr. K.C. Sharma Dean & Principal (Retd.) University of Kota, Kota (Raj.) Government Law College, Jhalawar (Raj.) CERTIFICATE FROM THE SUPERVISOR It is certified that the (i) Thesis “Right to Privacy with Special Reference to Dignity of Women” Submitted by Rajani Prabha Gupta, is an original copy of research work carried out by the candidate under my supervision. (ii) Her literary presentation is satisfactory and the thesis is in a form suitable for publication. (iii) Work evinces the capacity of the candidate for critical examination and independent judgment. The thesis incorporates new facts and a fresh approach towards their interpretation and systematic presentation. (iv) Rajani Prabha Gupta has put in at least 200 days of attendance every year. Date: 16.08.2016 Dr. K.C. Sharma Place : Kota Supervisor (i) PREFACE In this study the researcher has examined in detail the “Right to Privacy with Special Reference to Dignity of Women.” It is intended that such a study will help determine the parameters which any legislation for society must include. The acknowledgement of the debt to other is always a pleasant task. The help given by those mentioned in this acknowledgement has been of paramount value. Despite best efforts, non-acknowledgement to some worthy patrons cannot be completely ruled out but their contribution has been equally valuable. My gratitude to them can never diminish. I record my deep sense of gratitude and gratefulness to Dr. K.C. Sharma, Retired Dean, Faculty of Law, University of Kota, Kota (Raj.), who has kindly taught me the fundamentals of legal research. His scholarly academic support, guidance and training has been immensely sustained which could help me in viewing right to privacy. His willing supervision and guidance has gone a long way in shedding light on many hitherto unknown areas. I am indebted to him not only for accepting me as his research scholar and giving me complete right to privacy with reference to dignity of women in India and other countries. I have never missed an opportunity to take best possible advantage of Dr. Sharma's scholarly thoughts and learned discourses in the field of female rights in India. I have hardly any work in my vocabulary to express my gratitude to him. I shall be failing in my duty if I do not express my debt of gratitude's to Dr. R.K. Sharma, Dr. R.K. Upadhyay, Professor in the Faculty of Law, University of Kota, Kota, and Mr. Mahendra Meena (ii) (Lecturer, Govt. Law College, Kota); Smt. Priyanka Saini (Lecturer, Modi Law College, Kota) for helping me and extending their co- operation in the completion of this work. I shall be failing in my duty if I do not express my debt of gratitude's to Dr. J.P. Vyas (Retd. Professor, University of Rajasthan, Jaipur), Dr. Mridul Srivastava (Dean, Faculty of Law, Mani Pal University, Jaipur), Dr. Vijay Lakshmi Sharma (Head, Department of Law, Mani Pal University, Jaipur) Dr. Sanjula Thanvi (Principal, Vidhya Sthali Law College, Jaipur), Dr. Alpana Sharma (Principal, S.S. Jain Subodh Law College, Jaipur), Ms. Seema Dhameja (Director of Prigya Institute, Jaipur), for helping me and extending their co-operation in the completion of this work. I am also grateful to Dr. Suresh Bhaira (Principal), Dr. Akhil Kumar and other well wishers who have helped me by giving necessary material relating to the study in question. I wish to express my thanks to the staff of the libraries of the University, University of Kota, Kota (Raj.); University Studies in Law, University of Rajasthan, Jaipur; Indian Law Institute, New Delhi; Institute of Development Studies, Jaipur; The Harish Chandra Mathur State Institute of Public Administration, Jaipur; Rajasthan Legislative Assembly, Secretariat; Information Centre, Government, Jaipur and Government Law College, Jhalawar for their cooperation. I have suitable words to express my feeling of indebtness for my father Shri Ganpat Lal Gupta (Ex. Deputy Director, Agriculture Deptt.), mother Smt. Indu Gupta, my Father-in-Law Shri Khairati Lal Garg, my Mother in-law Smt. Saroj Garg, my younger brothers Mr. Anoop and Abhay Gupta, my brother-in-law Mr. Vikash Garg and Mr. Happy Garg (iii) and my Husband Mr. Prem Prakash Garg (Assistant Manager, Power Procurement, MSUM, Pali) and my loving daughter Lavanshi Garg who allowed me to tread on their time and comforts during the course of this research work. I also acknowledge the help tendered by Vintron Computers, Jaipur for computering the printing of the thesis. Place : Kota, Dated : 16.08.2016 (Rajani Prabha Gupta) (iv) Right to Privacy with Special Reference to Dignity of Women GENERAL INDEX Preliminary Detail Chapter Page No. INTRODUCTION 1 1 : CONSTITUTIONAL PROVISIONAL VIS-A-VIS DIGNITY OF WOMAN IN INDIA 41 2 : INTERNATIONAL PROSPECTIVE WITH SPECIAL PROVISIONS OF HUMAN RIGHTS DECLARATIONS 102 3 : COMPARATIVE STUDY OF UNITED STATES OF AMERICA, UNITED KINGDOM AND INDIA 128 4 : VARIOUS DIMENSIONS OF RIGHT TO PRIVACY 176 5 : THE ROLE OF MEDIA IN STING OPERATION OF RIGHT TO PRIVACY 236 6 : THE DIGNITY OF A WOMAN: PROCEDURAL LAW AND JUDICIAL PRONOUNCEMENTS 276 7 : CONCLUSIONS AND SUGGESTIONS 410 BIBLIOGRAPHY 440 Detailed Scheme of the Thesis Certificate from the Supervisor (i) Preface (ii) Index (v) List of Cases (xi) INTRODUCTION 1-40 (I) Rational of the Research 1 (II) Historical Development of the Right to Privacy 6 (v) (III) Legislative Initiatives towards Protection of Dignity and Privacy of Woman 10 (IV) Judicial Initiative towards Right to Privacy and Dignity of Women 19 (V) Nature of Study 27 (VI) Objectives of Study 27 (VII) Review of Literature 28 (VIII) Methodology of the Research Work 38 (IX) Hypothesis 38 (X) Plan of the Study 39 CHAP.–1 CONSTITUTIONAL PROVISIONAL VIS-A-VIS DIGNITY OF WOMAN IN INDIA 41-101 (I) Development of Personal Liberty 42 (A) ERA of Gopalan Case 42 (B) Era of Menka Gandhi Case : New Dimension For Personal Liberty 43 (C) Post Menka Gandhi Era 44 (II) Dimensions of Right to Privacy 45 (A) Police Surveillance 45 (B) Domiciliary Visits of Harassment 48 (C) Prevention of Crime is Object of Surveillance 55 (D) Veracity of Testimony 57 (E) Eavesdropping 58 (F) Privacy and Morality 63 (G) Residuary Liberties and Right of Franchise 63 (H) Medical Care 64 (I) Right to Call for ‘Bundh’ 66 (vi) (J) Beauty Contest and Right to Privacy 71 (K) Statement Made to Doctors and Privacy 72 (L) Police Atrocities 74 (M) Detention in Civil Prison for Revenue Recovery 82 (N) Validity of Section 9, Hindu Marriage Act, 1955 83 (O) Freedom of Speech 85 (P) Legislative Privileges 86 (Q) Religious Freedom and Children’s Custody 90 (R) ‘Reservation’ and Liberty 91 (S) Detention in Civil Prison 92 (T) Depreciation of Unwarranted Enquiry 99 (U) Duty of Disclosure 100 CHAP.—2 INTERNATIONAL PROSPECTIVE WITH SPECIAL PROVISIONS OF HUMAN RIGHTS DECLARATIONS 102-127 (I) Universal Declaration of Human Rights 102 (II) Worldwide Influence of the Universal Declaration of Human Rights and the International Bill of Rights 111 (III) International Covenants on Civil and Political Rights, 1966 113 (IV) Optional Protocol to International Covenants on Civil and Political Rights 116 (A) First optional protocol 116 (B) Second Optional Protocol 117 (V) International Covenant on Economic, Social and Cultural Rights 117 (VI) Right to Privacy in International Law 120 CHAP.–3 COMPARATIVE STUDY OF UNITED STATES OF AMERICA, UNITED KINGDOM AND INDIA 128-175 (I) England 128 (vii) (II) United States of America 140 (III) Ireland 158 (IV) West Germany 165 (V) Canada 166 (VI) Bangladesh 173 CHAP.–4 VARIOUS DIMENSIONS OF RIGHT TO PRIVACY 176-235 (I) Right to Privacy and the Election 176 (II) History of Election Various Countries 177 (A) France 177 (B) United Kingdom 178 (C) Australia and New Zealand 178 (D) United States 179 (E) Indian Democratic Voting System 180 (III) Right to Privacy and Right to Information Act, 2005 195 (A) The Freedom of Information Principle 208 (B) The Right to Information Colliding with the Right to Privacy 209 (C) Protection of Personal Information under Right to Information Act, Section 8(1)(j) 210 (D) Conflict in Right to Information and Privacy 210 (IV) Privacy in Medical Matters 211 (A) Role of Police 214 (B) Role of Doctor and Hospitals 216 (C) Necessity in Courts 218 (viii) CHAP.–5 THE ROLE OF MEDIA IN STING OPERATION OF RIGHT TO PRIVACY 236-275 (I) Type of Sting Operations 240 (A) Positive Sting Operations 240 (B) Negative Sting Operations 241 (II) Sting Operation vis-à-vis Right to Privacy 247 (III) Legality of Sting Operations 250 (IV) Need of Sting Operations 252 (V) Decent Opinion to Sting Operation 254 (VI) Sting Operation against Right to Privacy 255 (VII) Problems of Sting Operations 257 (VIII) Glimpses of Indian Sting Operations 259 (A) Uma Khurana Case 259 (B) Cobrapost Sting Operation 261 (C) Tehelka Operations 262 (1) Match-fixing Scandal (2000) 264 (2) Operation West End (2001) 264 (3) Gujarat 2002 267 (D) Cash for Votes Sting Operation 268 (1) Evidence in Cash for Vote Case 269 (2) Arrests in cash for vote case 271 CHAP–6 THE DIGNITY OF A WOMAN: PROCEDURAL LAW AND JUDICIAL PRONOUNCEMENTS 276-409 (I) Supreme Court of India 284 (II) Various High Courts Cases 316 (III) Foreign Cases 393 (ix) CHAP–7 CONCLUSION AND SUGGESTIONS 410-439 (I) Conclusion 410 (II) Suggestions 436 BIBLIOGRAPHY 440-446 (I) Books 440 (II) Statutes 445 (III) Dictionaries & Encyclopedia 446 (IV) Websites 446 (x) LIST OF CASES 1.