Assertion (A): In India, any law of privacy should be by enacting statutes in conformity with constitutional limitations.
Reason (R): The law of torts in India is based on English law.
(A) Both (A) and (R) are true.
(B) Both (A) and (R) are true, but (R) is not the correct explanation of (A).
(C) (A) is true, but (R) is false.
(D) (A) is false, but (R) is true.
Correct Ans: (A)
In India, any law of privacy must be enacted in conformity with constitutional limitations. The right to privacy is a fundamental right, as recognized by the Supreme Court in the Puttaswamy judgment (2017). This means any privacy law must align with constitutional principles such as personal liberty, dignity, and freedom of expression under Article 21. Privacy laws regulate aspects like data protection, surveillance, and media ethics, ensuring a balance between individual rights and state interests.
At the same time, the law of torts in India is based on English law. India follows the common law system, which includes tort law principles inherited from British legal traditions. Tort law covers civil wrongs like defamation, negligence, and invasion of privacy. Since India does not have a codified tort law, courts rely on precedents from English and Indian case laws.
Thus, both Assertion (A) and Reason (R) are true, but (R) does not directly explain (A). While tort law influences legal remedies for privacy violations, privacy laws require statutory backing within constitutional limits, rather than solely relying on tort principles.
In conclusion, privacy laws must align with constitutional restrictions, ensuring they protect fundamental rights. Meanwhile, Indian tort law, influenced by English law, provides additional legal recourse for privacy breaches. Together, these legal frameworks shape India’s evolving privacy landscape.
