Reconstructing the decisional paradigm of privacy: Crafting a new anti-manifesto grounded on the shadows of the enabling school

Shrivastava, Anujay (2018) Reconstructing the decisional paradigm of privacy: Crafting a new anti-manifesto grounded on the shadows of the enabling school. Indian Constitutional Law Review (6). pp. 7-23. ISSN 2456-8325

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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 mutual self-harm actions (regrettably, termed as "queer actions" at the time of publishing this Paper), consensual cannibalism and organ trade, as well as abortion, are protected by the decisional paradigm of privacy.

Item Type: Article
Keywords: Privacy | Right to privacy | Decisional privacy | Consent | Harm | Self-harm
Subjects: Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Mr Sombir Dahiya
Date Deposited: 01 May 2022 12:34
Last Modified: 01 May 2022 12:34
Official URL: https://papers.ssrn.com/sol3/papers.cfm?abstract_i...
URI: https://pure.jgu.edu.in/id/eprint/2779

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