IN THE HIGH COURT OF KERALA AT ERNAKULAM
N.NAGARESH
Sivasankaran @ Sankarankutty – Appellant
Versus
State Of Kerala, Represented By Secretary, Department Of Home Affairs – Respondent
| Table of Content |
|---|
| 1. petitioners' right to privacy and harassment claims. (Para 1 , 2) |
| 2. argument about cctv installation for victim's protection. (Para 3 , 6) |
| 3. prohibition of snooping under cctv pretext. (Para 5) |
| 4. balancing right to privacy and security. (Para 7 , 8) |
JUDGMENT :
N. NAGARESH, J.
Petitioners are husband and wife. The petitioners state that respondents 5 to 7 are persons residing in the neighbouring house of the petitioners. Respondents 5 to 7 have installed a CCTV Camera with light, on the north eastern side of their residential house. The Camera will result in snooping into the drawing cum dining and bedroom of the petitioners. The petitioners are residing in the house along with their daughter, daughter-in-law and a four year old child. The act of the respondents is in violation of the right to privacy guaranteed under Article 21 of the Constitution of India, contend the petitioners.
2. The house of the petitioners is situated within a compound where the 1st petitioner's brother late Sangameswaran has a residential house where is wife Devaki who is the 5th respondent and his children, who are respondents 5 and 6, are residing. Between the house of the petitioners and o
K.S. Puttaswamy (Retired) and another v. Union of India and another
The right to privacy must be balanced against the right to security, especially in the context of neighborly relationships and criminal threat scenarios.
CCTV installation allowed in own premises if not infringing privacy of co-occupants.
Installation of CCTV cameras in residential property without consent violates the right to privacy, recognized as a fundamental right under Article 21 of the Indian Constitution.
Privacy rights are paramount, requiring prompt governmental response to complaints affecting personal privacy.
The entitlement of a political leader to security and privacy, and the need to balance security measures with the protection of privacy and peaceful residence.
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