Please use this identifier to cite or link to this item: http://hdl.handle.net/10739/2118
Title: Reconstructing the decisional paradigm of privacy: crafting a new manifesto grounded on shadows of the enabling school
Authors: Shrivastava, Anujay
O. P. Jindal Global University
Keywords: Decisional privacy
Human rights
Issue Date: Oct-2018
Publisher: Agradoot Web Technologies LLP
Citation: Shrivastava, Anujay.(October, 2018). Reconstructing the decisional paradigm of privacy: crafting a new manifesto grounded on shadows of the enabling school. Indian Constitutional Law Review, Edition 6.7-23
Abstract: Privacy is one of the grey areas which legal scholars and courts across jurisdictions are attempting to explore. It can be understood as a ‘genus’ of law which is being increasingly classified into various ‘species’. One of the classifications in this marketplace of ideas is the concept of ‘decisional privacy’. In an era where privacy in individual actions is increasingly getting recognized, it is essential to understand whether this value can be protected against interventions by the State and Non-State actors. This Paper attempts to understand the decisional paradigm of privacy by drawing a theoretical framework which redefines the ideas of consent and harm. By following the enabling school of thought, it is established that privacy protects individual actions notwithstanding the harm caused, as long as the consent of individuals in their individual actions is present. Utilizing this theoretical framework, this Paper argues that consensual queer actions, consensual cannibalism and organ trade, as well as abortion, are protected by the decisional paradigm of privacy.
URI: http://hdl.handle.net/10739/2118
ISSN: 2456-8325
Appears in Collections:JGU Student Research Publications



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