An Analysis of Protection of Personality Rights in India
By Soham Sinha, Bennett University, Noida.*
Rights are something which every people enjoy during their lifetime and out of numerous rights, right to privacy is something every human being would like to have. Right to privacy gives birth to certain other rights which help the individuals to have protection over their reputation, specific or distinct characteristics that every people have, and such can be termed as their personality. But problem arises when there is violation of such reputation and personalities as there are no Legislation in India dealing with these rights. In this era of Digital India, it is a trend among individuals to show case their presence in the World and such is done mostly through social media. So, show casing their presence implies show casing their personality and here comes the necessity of protection of personality rights.
The paper would be comprising of a brief introduction regarding the evolution of such rights and followed by it would be the concept of Personality rights, judicial pronouncements regarding it, how protection has been given to such rights. Next, we would investigate who can be considered as a celebrity. Next, we would understand the relationship between the privacy and defamation and how they are dealt together. Then will discuss about a trending topic regarding personality rights continuing even after death of the person. Next, we will touch upon and discuss the acts in which implicitly or explicitly certain protection has been provided to personality rights. Lastly, we will conclude by discussing briefly about the need of a legislation for protection of these rights.
* The author is a fourth-year Law Student pursuing BBA. LL.B. (2019-2024) from Bennett University, Noida.