The Business of Being You: Evolving Law of Personality Rights in India

Journal: Trends in Intellectual Property Research

Publication: 2025-07-27 · Vol. 3 No. 2

DOI: 10.69971/tipr.3.2.2025.47

Abstract

This article critically examines the development of personality rights jurisprudence in India, charting its progression from incidental protection under existing legal frameworks-such as Article 21 of the Constitution, the Copyright Act, 1957, and the Trademarks Act, 1999-to its recognition as a distinct and autonomous branch of law. Anchored in the common law tort of passing off, the jurisprudence has evolved through a series of landmark judicial decisions involving public figures such as Barkha Dutt, Daler Mehndi, Amitabh Bachchan, Rajnikanth, Anil Kapoor, Jackie Shroff, Arijit Singh, and Karan Johar. The article analyses how Indian courts have gradually expanded the scope of these rights to include not only names and images, but also voice, likeness, gestures, and other unique identifiers-particularly in light of emerging technologies such as AI-generated content. It also explores the evolving legal tools deployed to enforce these rights, including John Doe orders and dynamic injunctions. Through a doctrinal and case law-based analysis, the article argues that the recognition of personality rights in India reflects a growing judicial commitment to preserving individual autonomy, reputation, and commercial identity. At the same time, it underscores the need for a calibrated approach that balances these rights against competing interests such as artistic freedom and public interest in a digitally mediated society.