Please note that even though privacy has been declared to be a fundamental right, we still do not have a Privacy Act which makes violation of privacy an offence.
Also note that most of the fundamental rights are available only against the State (i.e., the Government, legislature, etc.) and they are generally not available against private individuals. Therefore, a writ petition for enforcing fundamental rights against a private individual may not be entertained. Yes, if the State is violating privacy, then of course a writ petition may be possible.
For taking care of violation of privacy by an individual, you may need a Privacy Act, which does not exist in India till date. Let me hasten to add that the Supreme Court is right now hearing a petition against Facebook / WhatsApp for violation of privacy of people at large, but then this case involves privacy rights of tens of millions of people; and, its fate is also yet to be known.
The only offence which can perhaps be considered in the fact situation of your case is “public nuisance” under Section 268 of IPC which is punishable under Section 290 IPC. Another option is making an application to the executive magistrate under Section 133 of the Cr.P.C. for getting order of removal of nuisance. But, both these provisions talk of nuisance of “public” character, and it will have to be seen from the facts of your case whether they apply to a private building.
So, please keep these aspects in mind if you want to file a writ petition in a court for enforcement of your fundamental right to privacy in such situation where the petition would be against an individual.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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