Right to Privacy in the Workplace in India: Special Reference to Women: An Analytical Study

Main Article Content

Manju Soni

Abstract

A fundamental human right, the right to privacy is essential for protecting people from unauthorized intrusions. In the workplace, privacy concerns have gained significant importance, particularly for women, who face unique challenges such as workplace surveillance, data security, and protection from harassment. This study explores the legal framework governing workplace privacy in India, with a special focus on women's rights. It examines constitutional provisions, statutory regulations, judicial pronouncements, and global best practices. The research highlights the gaps in existing laws, the need for stronger legal safeguards, and the role of employers in ensuring a secure and respectful work environment. The study also provides recommendations to enhance workplace privacy protections, balancing organizational interests with employees' rights.

Article Details

How to Cite
Manju Soni. (2024). Right to Privacy in the Workplace in India: Special Reference to Women: An Analytical Study . Research Inspiration, 9(II), 25–32. Retrieved from https://researchinspiration.com/index.php/ri/article/view/206
Section
Articles
Author Biography

Manju Soni, Assistant Professor in Law, Govt. S.M.S. P.G. College, Shivpuri, Jiwaji University, Gwalior, M.p. (India).


Assistant Professor in Law, Govt. S.M.S. P.G. College, Shivpuri, Jiwaji University, Gwalior, M.p. (India).

References

Article 21: Constitution of India, 1950.

Justice K.S. Puttaswamy (Retd.) v. Union of India, (2017) 10 SCC 1.

Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, No. 14 of 2013, Acts of Parliament, 2013.

Art. 21: Bare Act of the Constitution of India, 1950.

Justice K.S. Puttaswamy (Retd.) v. Union of India, (2017) 10 SCC 1.

Ibid.

Kharak Singh v. State of Uttar Pradesh, AIR 1963 SC 1295.

Govind v. State of Madhya Pradesh, AIR 1975 SC 1378.

R. Rajagopal v. State of Tamil Nadu, (1994) 6 SCC 632.

J. Bhatia, "Privacy at Work: Balancing Employer's Interests and Employee's Rights", (2018) 5 ILI Law Review 234.

Smt. Selvi v. State of Karnataka, AIR 2010 SC 1974

Sensitive Personal Data or Information Rules, 2011

Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, Rule 5.

Justice K.S. Puttaswamy (Retd.) v. Union of India, (2017) 10 SCC 1.

The Personal Data Protection Bill, 2019 (Pending in Parliament).

R. Rajagopal v. State of Tamil Nadu, (1994) 6 SCC 632.

S. Gupta, "Gender and Workplace Privacy: Legal Challenges in India", (2019) 6 ILI Law Review 312.

The Maternity Benefit Act, 1961, No. 53 of 1961, Acts of Parliament, 1961.

X v. State of Maharashtra, (2019) 4 Mah LJ 376

Sharma, "Workplace Dress Codes and Gender Equality", (2020) 7 Indian Journal of Gender Studies 45.

Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, Rule 5.

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, No. 14 of 2013.

Vishaka v. State of Rajasthan, AIR 1997 SC 3011.

The Industrial Employment (Standing Orders) Act, 1946, No. 20 of 1946, Acts of Parliament, 1946.

The Factories Act, 1948, No. 63 of 1948, Acts of Parliament, 1948.

The Information Technology Act, 2000, No. 21 of 2000, Acts of Parliament, 2000, Section 43A.

Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, Rule 5.

The Personal Data Protection Bill, 2019 (Pending in Parliament).

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, No. 14 of 2013, Section 16.

Vishaka v. State of Rajasthan, AIR 1997 SC 3011.

Kharak Singh v. State of Uttar Pradesh, AIR 1963 SC 1295.

R. Rajagopal v. State of Tamil Nadu, (1994) 6 SCC 632.

Justice K.S. Puttaswamy (Retd.) v. Union of India, (2017) 10 SCC 1.

X v. State of Maharashtra, (2019) 4 Mah LJ 376.

Rupan Deol Bajaj v. K.P.S. Gill, (1995) 6 SCC 194.

Vishaka v. State of Rajasthan, AIR 1997 SC 3011.

General Data Protection Regulation, Regulation (EU) 2016/679.

Electronic Communications Privacy Act, 18 U.S.C., 2510 (1986).

The Information Technology Act, 2000, No. 21 of 2000, Acts of Parliament, 2000; Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, Rule 5.

The Personal Data Protection Bill, 2019 (Pending in Parliament).

X v. State of Maharashtra, (2019) 4 Mah LJ 376

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, No. 14 of 2013, Section 16.

Vishaka v. State of Rajasthan, AIR 1997 SC 3011.