The Origin of Right to Privacy and its Migration and Evolution in Nepal

Abstract

Warren and Brandeis’ article, written more than 130 years ago, laid the foundation of the right to privacy. It mainly comprises two parts: the first is a condemnation against yellow journalism and the second is a compelling and efficacious plea for privacy laws. This paper illustrates how Warren and Brandeis differentiate the right to privacy from the property right and create a whole new chapter in the constitutional jurisprudence. Additionally, this paper analyzes the constitutional migration of the concept in the Nepalese legal system. Following doctrinal research methodology, we discuss the evolution of the right to privacy in the context of Nepal alongside three constitutional enactments and three distinct political regimes: monarchical, unitary republic, and federal republic systems. Hence, the considerations will focus on whether the migration of constitutional principles was effective by tracing a trajectory of case laws and what the recent privacy act entails. The analysis shows that privacy laws have been gradually improving in Nepal but require comprehensive revision.