Installation of CCTV cameras by my neighbour violating my fundamental right.

Tilak Marg Forum for Legal Questions Forums Constitutional Law Installation of CCTV cameras by my neighbour violating my fundamental right.

Tagged: 

Viewing 3 reply threads
  • Author
    Posts
    • #2953

      Respected members,

      I am a resident of NOIDA (U.P) and my house is in the ground floor of my building. The building is of 4 floors .My neighbour who lives on first floor have installed CCTV cameras in his house couple of days back, however it has come to my notice that 3 of those cameras which he has installed are pointed towards the following areas of my house ;-

      1. The front/entrance door of my house

      2. Verandah in the southern side of my house

      3. Verandah in the northern side of my house.

      Camera no 2 and 3 looks like its installed just for me as its not peeping into my personal space but totally directed towards it and isn’t covering any common area.

      I have informed him about my discomfort with this but he was rude and paid no heed. In light of the recent landmark judgement of the Hon’ble Supreme Court regarding Right to Privacy what are the remedies i can take? Can i approach the Hon’ble Supreme court under Article 32 of Indian Constitution.

      Any legal advice is welcomed 🙂

    • #2957

      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.

      • #2962

        Respected sir,

        Thank you for replying to my query. Sir, i am aware of the fact that Article 32 is not applicable with a private citizen however it also mentions that no court will give any order that violates the Fundamental right of any citizen.

        1. I will be sending a legal notice to my neighbour and writing a written complaint to the police, however if the police refuses to take any action will the case be maintainable under Art 32?

        Thank you for your learned opinion once again 🙂

    • #2963

      I think I have already replied to this. But, in any case, if at all you are determined to file a writ petition, better file it in the high court under Article 226 of the Constitution.     


      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.

    • #3405

      Sir in light of the same question, can i file a civil suit in District Court to resolve this matter as the respondent is a private party.

Viewing 3 reply threads
  • The forum ‘Constitutional Law’ is closed to new Questions and replies.

You may also like to read these topics:

Can the State file a writ petition before the High Court?
The Indian Constitution is null & void ab initio
Should age limit eligibility be removed for education on basis of right to education?
Filing a direct writ at supreme court under article 32