Group items tagged

Industrialist Ratan Tata has questioned in the Supreme Court the lackadaisical attitude of the Centre in allowing free distribution and publication of his private conversations with lobbyist Nira Radia recorded by the Directorate General of Income Tax without taking any steps to retrieve the stored material or to find out the source of leakage. Mr. Tata, who filed a writ petition alleging that the publication of the tapes had infringed his right to privacy, in his supplementary affidavit said that the power of the law enforcement agencies to record telephone conversations itself "constitutes a serious encroachment upon the right of privacy guaranteed by Article 21 of the Constitution." He made it clear that the present petition was not designed to somehow keep back from publication any conversation to which he allegedly was a party for any oblique purpose. It was filed to seek redress of a wholesale violation of the constitutional rights of a large number of persons, including the petitioner and including a host of corporate entities by the indiscriminate publication of wiretrap material procured by questionable means.

"NEW DELHI: "Right to privacy," like other fundamental rights in the Constitution and statutory rights under various laws, will soon become a reality. Union Law Minister Veerappa Moily indicated that a bill in this regard would be introduced in the monsoon session. The Right to Privacy Bill (a copy is with The Hindu) is to provide for such a right to citizens of India and to regulate collection, maintenance, use and dissemination of their personal information. Talking to The Hindu, Mr. Moily said the bill also provided for penal action for violation of such right."

The law ministry is working on a proposal to make right to privacy a fundamental right in the Indian Constitution. The right to privacy would include the right to confidentiality of communication, confidentiality of private or family life, protection of his honour and good name, protection from search, detention or exposure of lawful communication between individuals, privacy from surveillance, confidentiality of banking, financial, medical and legal information, protection from identity theft of various kinds, protection of use of a person's photographs, fingerprints, DNA samples and other samples taken at police stations and other places and protection of data relating to individual.

The Supreme Court today said it will hold final hearing on a day-to-day basis from April 19 on Tata Group chairman Ratan Tata's plea to bar online portals and electronic media from airing his phone conversation with corporate lobbyist Nira Radia tapped by the income tax department. A bench of Justice GS Singhvi and Justice AK Ganguly will examine the issues raised by Tata including the questions of right to privacy and right to freedom of speech and expression as envisaged under the Constitution.

"The Supreme Court will take up on Tuesday Tata Group Chairman Ratan Tata's plea on the right to privacy after the leakage of his telephonic conversations with corporate lobbyist Niira Radia tapped by the Income Tax Department. A bench headed by Justices G S Singhvi will examine the issues raised by Tata, including the questions of right to privacy and right to freedom of speech and expression as envisaged under the Constitution. Tata, in his petition, has said that several parts of the conversations were purely private in nature which were spoken casually and could not be taken seriously. He pleaded the online portals and the news media should be restrained from making his conversations public. "

" Men whose wives have relationships with other men can go ahead and file a criminal complaint against the 'other man'. The Bombay high court on Monday dismissed a petition that sought the deletion of offence of adultery from Indian law. A bench of Justices B H Marlapalle and U D Salvi upheld the Constitutional validity of provision of Section 497 of Indian Penal Code, which makes adultery punishable. The petition was filed by a Worli businessman against whom a complaint of adultery was filed last year. His counsel Nitin Pradhan argued that making adultery punishable was a violation of a person's fundamental rights like the right to life, right to privacy and the right to have sexual relationships with a person of one's choice in a changing society where there was greater acceptance of consensual relationships. "

"Nearly 10 years after the Kargil Review Committee was set up to revamp the defence establishment of the country, the government on Monday constituted a high-powered task force under former Cabinet secretary Naresh Chandra to overhaul the national security apparatus. According to sources, the 11-member committee will review various contentious issues like the National Counter Terrorism Centre (NCTC), hacking e-mails, BlackBerry and privacy issues involved in the National Intelligence Grid (NATGRID) project. "

The country's top planning body the Planning Commission is working on a national privacy policy following fears of the civil society that the government was trying to get private information of individuals without enough safeguards. The plan panel has constituted an expert group under the chairmanship of former chief justice of Delhi high court AP Shah to draft a legislative framework to ensure technical safeguards against misuse of the private information sought by the government for grounds of national security or delivery of welfare measures.

IT is 30 years since a Congress Member of Parliament, V.N. Gadgil, suggested an Act for the protection of privacy, designed, no doubt, to curb press exposure of the wrongdoings of politicians. In reality, it is all but impossible to draft a statute that strikes a fair balance between people's right to know and the protection of a person's privacy. In India, as in the United Kingdom, there is no tort of privacy. India's law of torts (that is, civil wrongs punishable in damages) is based on case law, English and foreign. However, the Supreme Court of India has inferred right to privacy from the ones explicitly guaranteed. Article 21 of the Constitution contains a guarantee of personal liberty and it is obvious that personal liberty also involves the right to privacy.