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Privacy High Court Tracker

Open Spreadsheet

The CCG Privacy High Court Tracker is a resource consisting of decisions on the constitutional right to privacy passed by all High Courts in India. The Privacy High Court Tracker captures cases post the pronouncement of the Justice (Retd.) K.S. Puttaswamy vs. Union of India (Puttaswamy) judgment. In Puttaswamy, the Supreme Court of India reaffirmed the existence of the right to privacy in India’s Constitution as a fundamental right. 

The Privacy High Court Tracker is a tool to enable lawyers, judges, policymakers, legislators, civil society organisations, academic and policy researchers and other relevant stakeholders, to engage with, understand and analyse the evolving privacy law and jurisprudence across India. The cases deal with the following aspects of privacy (1) autonomy, (2) bodily integrity, (3) data protection, (4) dignity, (5) informational privacy, (6) phone tapping, (7) press freedom, (8) right to know and access information, and (9) surveillance, search and seizure. 

The tracker currently only consists of cases reported on Manupatra, and those reported upto 15 May 2021 (CCG will continue to update the tracker periodically). Only final judgements are included in the tracker, and not interim orders of the High Courts. 

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Allahabad High Court

Rajiv Kumar vs. State of U.P. and Ors.

Dignity, Informational Privacy

1 Judge

Case Details

Decision Date - 11.03.2019
Citation - 2019 (4) ADJ 316, MANU/UP/1164/2019
Case Type - Civil Misc. Writ Petition
Case Status - Disposed
Legal Provisions - S. 452, 323, 504, 506 of the Indian Penal Code, 1860.
S. 3(1)(10) of The Scheduled Castes and Tribes (Prevention of Atrocities) Act, 1989
View Case

Important Quote

"The right of privacy of a child would be meaningful if such prosecution is not made part of public discourse as a criteria for appointment to public posts or admission to any institution of learning or for that matter any other transaction in life. ... Similarly, the right to privacy in the context of a child would include his right to deny information relating to his prosecution as a child under the Juvenile Justice Act and for offences which do not come in the category of heinous offences under the said Act."

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Notes

Right to privacy of a child would include the right to deny information relating to his prosecution as a child for offences not falling in the category of heinous offences.

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Anant Narayan Mishra vs. Union of India and Ors.

Dignity

1 Judge

Case Details

Decision Date - 02.12. 2019
Citation - (2020) ILR 1 All 598, MANU/UP/4662/2019
Case Type - Civil Misc. Writ Petition
Case Status - Disposed
Legal Provisions - Article 21 of the Indian Constitution, 1950
View Case

Important Quote

"The essence of proportionality is that, the competent authority while imposing a punishment upon a delinquent student, has to co-relate and balance the imperatives of institutional discipline with the demands of individual rights. Too light a punishment will not be conducive to institutional discipline. Too harsh a punishment will not be consistent with norms of justice. The suspension of the petitioner from the university, for an undefined or indefinite period, is an action of extreme severity. It is a de-facto expulsion from the university. These actions carry drastic penal consequences for the students. Denial of education to a soul, in quest of knowledge is the severest form of restriction. Moreover, the instigatory role of the Professor Y in causing the incident, has not been factored into the decision. The measures undertaken against the petitioner, are not rationally connected to the fulfillment of the purpose sought to be achieved. The proper and designated purpose of a punishment in a university, has to include reform of the student, not mere imposition of penalty. Clearly there are alternative reformative measures, that can achieve the same purpose, with a lesser degree of curtailment of the students rights. The impugned action fails the test of proportionality."

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Notes

Right to Human Dignity includes privacy under Art. 21 of the Constitution of India, 1950.

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In-Re Banners Placed On Road Side in The City of Lucknow vs. State of U.P.

Informational Privacy

2 Judge

Case Details

Decision Date - 09.03.2020
Citation - 2020 (5) ALJ 609, MANU/UP/0676/2020
Case Type - Public Interest Litigation
Case Status - Disposed
Legal Provisions - Article 21 of the Constitution of India, 1950
View Case

Important Quote

"The legitimate goal as held by the Supreme Court in the case of K.S. Puttaswamy (supra) ... must be necessary for a democratic society for a legitimate aim."

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Notes

Right to privacy is violated by road side display of banners containing photographs, names and addresses of persons accused of vandalism

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Ram Charan Jatav vs. State of U.P.

Surveillance, Search and Seizure

1 Judge

Case Details

Decision Date - 30.04.2020
Citation - 2021 (1) ALJ 632, MANU/UP/0933/2020
Case Type - Criminal Appeal
Case Status - Disposed
Legal Provisions - S. 18, 20 and 42 of the Narcotic Drugs and Psychotropic Substances Act, 1985
View Case

Important Quote

"In K.S. Puttaswamy v Union of India, it has been remarked that right to privacy is a fundamental right and is not lost in public places, but attaches to the person."

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Notes

Right to privacy is violated if the formal legal procedure of search and seizure is not followed.

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Kishan Paswan vs. Union of India and Ors.

Dignity, Informational Privacy

1 Judge

Case Details

Decision Date - 22.10.2020
Citation - 2021 (1) ALJ 588, MANU/UP/2197/2020
Case Type - Civil Misc. Writ Petition
Case Status - Disposed
Legal Provisions - S. 19 of the Juvenile Justice (Care and
Protection of Children) Act, 2000. S. 24, 74 and 99 of the Juvenile
Justice (Care and Protection of Children) Act, 2015.
Rule 14 of the Juvenile Justice (Care and Protection of Children) Model Rules, 2016
View Case

Important Quote

"The requirement to disclose details of criminal prosecutions faced as a juvenile is violative of the right to privacy and the right to reputation of a child guaranteed under Article 21 of the Constitution of India. It also denudes the child of the protection assured by the Juvenile Justice Act, 2000 (as amended from time to time). Hence the employer cannot ask any candidate to disclose details of criminal prosecution faced as a juvenile."

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Notes

The requirement to disclose details of criminal prosecutions faced as a juvenile is violative of the right to privacy and the right to reputation of a child guaranteed under Article 21 of the Constitution of India.

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Salamat Ansari and Ors. vs. State of U.P. and Ors.

Autonomy

2 Judge

Case Details

Decision Date - 11.11.2020
Citation - 2021 (1) ALJ 453, MANU/UP/2029/2020
Case Type - Criminal Misc. Writ Petition
Case Status - Disposed
Legal Provisions - S. 363, 366, 352, 506 of the Indian Penal Code, 1860.
S. 7 and 8 of The Protection of Children from Sexual Offences Act, 2012
View Case

Important Quote

"Right to choose a partner irrespective of caste, creed or religion, is inhered under right to life and personal liberty, an integral part of the Fundamental Right under Article 21 of the Constitution of India. The Apex Court in KS Puttaswamy vs. Union of India while deciding the issue of right to privacy, held as under:- "Privacy of the body entitles an individual to the integrity of the physical aspects of personhood. The intersection between one's mental integrity and privacy entitles the individual to freedom of thought, the freedom to believe in what is right, and the freedom of self-determination. When these guarantees intersect with gender, they create a private space which protects all those elements which are crucial to gender identity. The family, marriage, procreation and sexual orientation are all integral to the dignity of the individual. Above all, the privacy of the individual recognises an inviolable right to determine how freedom shall be exercised." "An individual on attaining majority is statutorily conferred a right to choose a partner, which if denied would not only affect his/her human right but also his/her right to life and personal liberty, guaranteed under Article 21 of the Constitution of India."

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Notes

An individual, after attaining majority, is entitled to the autonomy of choosing their partner, which is an aspect of right to privacy.

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Safiya Sultana and Ors. vs. State of U.P. and Ors.

Informational Privacy

1 Judge

Case Details

Decision Date - 12.01.2021
Citation - 2021 (2) ALJ 363, MANU/UP/0011/2021
Case Type - Habeas Corpus
Case Status - Disposed
Legal Provisions - S. 5, 6, 7 and 46 of Special Marriage Act, 1954.
Uttar Pradesh Prohibition of Unlawful Conversion of Religion
Ordinance, 2020
View Case

Important Quote

"The interpretation of Sections 6 and 7 read with Section 46 containing the procedure of publication of notice and inviting objections to the intended marriage in Act of 1954 thus has to be such that would uphold the fundamental rights and not violate the same. In case the same on their simplistic reading are held mandatory, as per the law declared today, they would invade in the fundamental rights of liberty and privacy, including within its sphere freedom to choose for marriage without interference from state and non-state actors, of the persons concerned."

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Notes

Provision of mandatory public notice under the Special Marriage Act, 1954 is an invasion of the right to privacy.

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Anuj Kumar vs. State of U.P. and Ors.

Dignity, Informational Privacy

1 Judge

Case Details

Decision Date - 30.04.2021
Citation - MANU/UP/0591/2021
Case Type - Writ Petition
Case Status - Disposed
Legal Provision - S. 74, Juvenile Justice (Care and Protection of Children) Act, 2015
View Case

Important Quote

"The requirement to disclose details of criminal prosecutions faced as a juvenile is violative of the right to privacy and the right to reputation of a child guaranteed under Article 21 of the Constitution of India. It also denudes the child of the protection assured by the Juvenile Justice Act, 2000 (as amended from time to time). Hence the employer cannot ask any candidate to disclose details of criminal prosecution faced as a juvenile."

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Notes

Right to privacy of a child to include the right to deny information relating to his prosecution as a child for a heinous crime.

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Andhra Pradesh High Court

Gujjula Sreenu vs. CID, Chittoor and Ors.

Surveillance, Search and Seizure

1 Judge

Case Details

Decision Date - 21.09.2020
Citation - MANU/AP/0671/2020
Case Type - Writ Petition
Case Status - Disposed
Legal Provisions - S. 77-79, 91-94 of CrPC, 1973.
Article 20 and 21 of the Constitution of India, 1950
View Case

Important Quote

"The Apex Court in its judgment in Justice K.S. Puttaswamy vs. Union of India, while holding that the right to privacy is protected as an intrinsic part of the right to life and personal liberty under Article 21 of the Constitution, overruled the decision in M.P. Sharma vs. Satish Chandra (supra), to the extent of its holding that the right to privacy was not protected by the Constitution. Sans that, the other part of the decision in MP. Sharma's case (supra), to the effect that searches and seizures do not offend the fundamental right under Article 20 was not disturbed. It is also to be noted that in Justice K.S. Puttaswamy vs. Union of India (supra), the Apex Court has not specifically held that the searches and seizures will in any way offend the right of privacy enshrined under Article 21."

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Notes

Lawful search and seizure is not violative of the right to privacy.

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Bombay High Court (Aurangabad Bench)

Shantaram vs. The State of Maharashtra and Ors.

Dignity, Informational Privacy

2 Judge

Case Details

Decision Date - 31.01.2019
Citation - 2019 (2) ALLMR 375, MANU/MH/0154/2019
Case Type - Writ Petition
Case Status - Disposed
Legal Provisions - Rule 41 of the Agricultural Produce Market Committee Rules, 1966.
S. 8 of the Representation of People's Act, 1951
View Case

Important Quote

"... In view of the right of privacy, which arises out of Article 21 of the Constitution of India and in view of the policy accepted by the Parliament, which can be seen in Representation of Peoples Act, 1951, it can be said that we have to presume that the period must be reasonable period if such period is not mentioned in the regulations and rules made by the State Government for the purpose of disqualification or eligibility to contest the elections." "After undergoing the sentence, it can be said that the convict has right to say that he needs to be allowed to forget the past and he needs to be allowed to make new beginning. The others also cannot be allowed to harass him and to deprive him of aforesaid rights and the previous conviction cannot be allowed to haunt him for the remaining period of his life. It is learnt that a Commission headed by Justice B.N. Shrikrishna, Former Hon'ble Judge of Supreme Court, is appointed to prepare a draft of personal Data Protection Bill, 2018, which will protect right to privacy and steps are likely to be taken to see that the data of criminal activity of a person is erased after particular period from the relevant records of the agencies. It will be proper step on the part of the State to take such steps in view of the right of privacy of such persons."

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Notes

Right to privacy requires that persons who have served a legal sentence should come out of disqualification from contesting elections after a reasonable period of time.

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Dnyaneshwar vs. The State of Maharashtra and Ors.

Surveillance, Search and Seizure

2 Judge

Case Details

Decision Date - 29.11.2019
Citation - 2020 ALLMR (Cri) 2718, MANU/MH/3334/2019
Case Type - Writ Petition (Crl.)
Case Status - Disposed
Legal Provisions - S. 161 of the Maharashtra Police Act, 1951.
S.165 of CrPC, 1973
View Case

Important Quote

"... as police officers entered the house that too in night time when he was sleeping with his family which included two ladies and the issues, this Court holds that it was intrusion into privacy. If such act is done illegally without following the procedure which is contemplated in Article 21 of the Constitution of India, the consequences follow. In such a case, there cannot be defence that it was a mistake on the part of the police officers."

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Notes

Illegal house searches at night are violative of the right to privacy.

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Bombay High Court

XYZ vs. Union of India and Ors.

Autonomy, Bodily Integrity

2 Judge

Case Details

Decision Date - 03.04.2019
Citation - 2019 (5) ALLMR 531, MANU/MH/0565/2019
Case Type - Writ Petition
Case Status - Disposed
Legal Provisions - S. 3(2)(b), 4 and 5 of Medical Termination of Pregnancy Act, 1971
View Case

Important Quote

"It is important to recognize that reproductive choices can be exercised to procreate as well as to abstain from procreating. The crucial consideration is that a woman's right to privacy, dignity and bodily integrity should be respected. This means that there should be no restriction whatsoever on the exercise of reproductive choices such as a woman's right to refuse participation in sexual activity or alternatively the insistence on use of contraceptive methods. Furthermore, women are also free to choose birth control methods such as undergoing sterilisation procedures. Taken to their logical conclusion, reproductive rights include a woman's entitlement to carry a pregnancy to its full term, to give birth and to subsequently raise children. ... Therefore, in a situation where the continuance of pregnancy poses grave injury to the physical or mental health of the mother or in a situation where there is substantial risk that if the child were born, would suffer from deformities and diseases, the pregnant mother is forced to continue with her pregnancy merely because the pregnancy has extended beyond the ceiling of 20 weeks, there would arise a serious affront to the fundamental right of such mother to privacy, to exercise a reproductive choices, to bodily integrity, to her dignity."

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Notes

Right to make reproductive choices and terminate pregnancy is part of women's right to privacy.

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Vinit Kumar vs. CBI and Ors.

Search and Seizure, Surveillance, Phone Tapping

2 Judge

Case Details

Decision Date - 22.10.2019
Citation - 2019 ALLMR (Cri) 5227, MANU/MH/2931/2019
Case Type - Writ Petition
Case Status - Disposed
Legal Provisions - S. 5(2) of the Indian Telegraph Act, 1885
View Case

Important Quote

"The proposition that illegal tapping of telephone conversation violates right to privacy is now accepted and reinforced as guaranteed fundamental right under Article 21 of the Constitution of India, by a nine Judge Constitution Benchdecision in K.S. Puttaswamy versus Union of India."

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Notes

Illegal phone tapping is violative of the right to privacy.

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Calcutta High Court

Mursaleen Mohammad vs. Union of India

Bodily Integrity, Dignity

2 Judge

Case Details

Decision Date - 19.06.2018
Citation - 2018 CriLJ 4083, MANU/WB/0620/2018
Case Type - Criminal Appeal
Case Status - Disposed
Legal Provisions - S. 103 of the Customs Act, 1962.
S. 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985
View Case

Important Quote

"Procedure entailing recovery of Narcotics/contraband from the body of the suspect requires invasion into the physical body of the suspect and an encroachment into his privacy. Such exercise being invasive in nature must not only be in strict compliance of statutory safeguards as contemplated in Section 103 of the Customs Act but also must be in consonance to the dignity of the suspect and ought not involve any cruel, degrading or inhuman treatment lest such procedure runs fowl of Article 21 of the Constitution."

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Notes

Invasive recovery of narcotics/contraband from the body of accused amounting to breach of right to privacy.

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Vineet Ruia and Ors. vs. Principal Secretary, Department of School Education and Ors.

Informational Privacy, Data Protection

2 Judge

Case Details

Decision Date - 13. 10. 2020
Citation - MANU/WB/0696/2020
Case Type - Writ Appeal
Case Status - Disposed
Legal Provisions - Articles 226, 30(1) and 14 of the Constitution of India, 1950
View Case

Important Quote

"As for privacy, every person is entitled to his accounts not being opened up to all and sundry unless mandated by law as in the case of public companies or some categories of trusts or societies. But the ordinary right of privacy is not so absolute as to deny a constitutional court the authority to assess whether a wholesome charge of unjust enrichment or profiteering is substantiated by calling for such accounts or by having the accounts evaluated by an expert. The rights as asserted under Articles 19 and 30(1) of the Constitution and even the right of privacy may be used as a shield against invasive instruments and blatantly intrusive acts of the State; they cannot be used as swords to parry a credible charge of profit-making in an educational institution, minority or otherwise, whether aided or unaided."

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Notes

The right to privacy includes protection of personal information like financial statements/accounts.

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Chattisgarh High Court

Ranichand Baiga and Ors. vs. State of Chhattisgarh and Ors.

Bodily Integrity, Dignity

2 Judge

Case Details

Decision Date - 12.12.2018
Citation - MANU/CG/0554/2018
Case Type - Write Petition (PIL)
Case Status - Disposed
Legal Provisions - Article 21 of the Constitution of India, 1950
View Case

Important Quote

"A nine judges bench of the Hon'ble Supreme Court in K.S. Puttaswamy vs. Union of India, while recognising right to privacy as a fundamental right under Article 21 of the Constitution recognised a woman's right to make reasoned reproductive choices as an important facet of right to life and personal liberty under Article 21."

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Notes

The right to privacy, dignity, and bodily integrity includes women's right to make reproductive choices.

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Delhi High Court

Sangamitra Acharya and Ors. vs. State (NCT of Delhi) and Ors.

Dignity

2 Judge

Case Details

Decision Date - 18.04.2018
Citation - 250 (2018) DLT 36, MANU/DE/1453/2018
Case Type - Writ Petition (Crl.)
Case Status - Disposed. Some SLP disposed of, some SLP pending.
Legal Provisions - S.19 of Mental Health Act, 1987
View Case

Important Quote

"Protection against an attack on the right of life, liberty, privacy and dignity can be exercised not only against the State but also against non-State actors. .... The horizontal dimension of these rights enables an aggrieved person to invoke constitutional remedies to seek the protection and enforcement of such rights against invasion by a non-state actor."

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Notes

Protection against an attack on right of life, liberty, privacy and dignity can be sought against non-State actors.

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Ravinder vs. Govt of NCT of Delhi and Ors.

Autonomy, Dignity

2 Judge

Case Details

Decision Date - 26.04.2018
Citation - 2018 (171) DRJ 346, MANU/DE/1548/2018
Case Type - Writ Petition (Crl.)
Case Status - Disposed. SLP Pending.
Legal Provisions - S. 23, 24 and 28 of Mental Health Act, 1987
View Case

Important Quote

"It is time to abandon the earlier approach of using the mental health law to control or punish people whose behaviour is unacceptable but to view it as an instrument that facilitates care and treatment of the mentally ill in need of it, consistent with their rights to life, liberty, dignity, privacy and autonomy. The indiscriminate use of the mental health law has to stop. It is high time that we dismantled the penal custodial model of the mental health law."

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Notes

This case discusses the consequence of admission to mental health institution on life, liberty, privacy, freedom and dignity.

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Prime Minister's National Relief Fund vs. Aseem Takyar

Informational Privacy, Right to Know and Access Information

2 Judge

Case Details

Decision Date - 23.05.2018
Citation - MANU/DE/1960/2018
Case Type - Letter Patents Appeal (LPA)
Case Status - Disposed by Diviosn Bench. Referred to a third judge on account of divergence of opinions.
Legal Provisions - S. 8(1)(e) and (j) of the Right to Information Act, 2005
View Case

Important Quote

"Once something becomes a matter of 'public record', the right of privacy ceases to exist."

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Notes

Once something becomes a matter of 'public record', the right of privacy ceases to exist.

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Swami Ramdev vs. Juggernaut Books Pvt. Ltd. and Ors.

Dignity, Informational Privacy

1 Judge

Case Details

Decision Date - 29.09.2018
Citation - MANU/DE/3565/2018
Case Type - Civil Misc. (Main)
Case Status - Disposed. SLP Pending.
Legal Provisions - S. 499 of the Indian Penal Code, 1860.
Article 19(1)(a) and 21 of the Constitution of India, 1950
View Case

Important Quote

""Reputation" of one cannot be allowed to be crucified at the altar of the other's right of free speech. ... whatever may be of the interest to the public but has no element of public interest may amount to breach of privacy and an individual thus has a right to protection to protect his reputation from being unfairly harmed in relation thereto not only against false truth but also certain truths."

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Notes

The judgment discusses the right to privacy in publication of unauthorised biographies. Right to privacy includes the right to reputation and must be balanced with other rights.

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Horlicks Ltd and Ors. vs. Heinz India Pvt. Ltd.

Informational Privacy

1 Judge

Case Details

Decision Date - 17.12.2018
Citation - 256 (2019) DLT 468, MANU/DE/4628/2018
Case Type - Civil Suit (Commercial)
Case Status - Disposed. Appeal pending before DB.
Legal Provisions - Chapter IV of Advertising Standards Council of India Code.
Article 19(1)(a), 19(2) and 21 of the Constitution of India, 1950
View Case

Important Quote

"The right of a person to claim privacy ... includes rights in relation to commercial use of identity of such person. However, the right to privacy cannot be asserted against information that is already in the public domain."

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Notes

The right to privacy cannot be claimed over information already available in the public domain.

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Sunil Sachdeva vs. Owner of domain name crj7.com and Ors.

Dignity

1 Judge

Case Details

Decision Date - 13.11.2019
Citation -2019 (178) DRJ 246, MANU/DE/3836/2019
Case Type - Civil Suit (OS)
Case Status - Disposed.
Legal Provisions - S. 499 of the Indian Penal Code, 1860
View Case

Important Quote

"The fundamental right of freedom of speech and expression is subject to reasonable restrictions in the interest of defamation." "No relief of restraining public at large from publishing, circulating the allegedly defamatory content can be granted in general and no relief with respect to similar content also, without adjudicating whether there is any similarity or not, can be granted."

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Notes

The judgment discusses the contours of the right to privacy against defamatory online posts.

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Sasikala Pushpa vs. Facebook India and Ors.

Informational Privacy, Data Protection

1 Judge

Case Details

Decision Date - 02.06.2020
Citation - MANU/DE/1143/2020
Case Type - Civil Suit (OS)
Case Status - Disposed.
Legal Provisions - S. 66A, 79 of the Information Technology Act, 2000. Rule 3 of the Information Technology (Intermediary Guidelines) Rules, 2011
View Case

Important Quote

"This Court is required to balance the right claimed by the plaintiff of privacy qua whom she meets at her residence, has to be balanced with the right of the public to know the identity of the person whom the plaintiff meets and hobnobs with, behind closed doors."

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Notes

The judgment discusses the right to privacy in re photograph/video/audio messages. Right to privacy must be balanced with the right to know in cases of public interest.

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Deepti Kapur vs. Kunal Julka

Search and Seizure, Surveillance, Phone Tapping

1 Judge

Case Details

Decision Date - 30.06.2020
Citation - AIR 2020 Delhi 156, MANU/DE/1314/2020
Case Type - Civil Misc. (Main)
Case Status - Disposed.
Legal Provisions - S. 14, 20 of Family Courts Act, 1984.
S. 5, 7, 8 and 65B of Indian Evidence Act, 1872
View Case

Important Quote

"Merely because rules of evidence favour a liberal approach for admitting evidence in court in aid of dispensation of justice, this should not be taken as approval for everyone to adopt any illegal means to collect evidence, especially in relationships of confidence such as marriage. If the right to adduce evidence collected by surreptitious means in a marital or family relationship is available without any qualification or consequences, it could potentially create havoc in people's personal and family lives and thereby in the society at large."

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Notes

This judgment examines the admissibility of evidence collected in breach of privacy.

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Krishna Kishore Singh vs. Sarla A. Saraogi and Ors

Dignity, Autonomy

1 Judge

Case Details

Decision date - 10.06.2021
Citation - CS(COMM) 187/2021; MANU/DE/1056/2021
Case type - Civil Writ Jurisdiction
Case status - Disposed
Legal provisions - Article 21 of the Constitution of India, 1950
View Case

Important Quote

"On this aspect, we must also note that in Puttaswamy (supra), wherein the right to privacy was declared to be a fundamental right on the anvil of Article 21 of the Constitution of India, the Supreme Court has reflected upon personality rights also, and observed that: ""58. Every individual should have a right to be able to exercise control over his/her own life and image as portrayed to the world and to control commercial use of his/her identity. This also means that an individual may be permitted to prevent others from using his image, name and other aspects of his/her personal life and identity for commercial purposes without his/her consent."""

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Notes

Right to publicity or celebrity rights rests with that specific individual, and such rights cannot be enforced posthumously.

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X vs. Union of India and Ors

Dignity, Bodily Integrity

1 Judge

Case Details

Decision date - 20.04.2021
Citation - 280 (2021) DLT 57, MANU/DE/0767/2021
Case type - Criminal Misc. Writ Petition
Case status - Disposed
Legal provisions - S. 67, 67A, 67B, 67C, 75, 79, 81 and 85 of the Information Technology Act, 2000
View Case

Important Quote

"That apart, the inclusion of the name and/or likeness of a person on such website, even if the photograph of the person is not in itself obscene or offensive, without consent or concurrence, would at the very least amount to breach of the person's privacy, which a court may, in appropriate cases, injunct or restrain."

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Notes

The action of taking a person's photographs and posting them to another website without their consent is violative of a persons privacy.

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Gauhati High Court

Surajit Gogoi vs. Union of India and Ors.

Surveillance, Search and Seizure

2 Judge

Case Details

Decision Date - 01.02.2018
Citation - 2018 (2) GLT 9, MANU/GH/0411/2018
Case Type - Writ Petition (Civil)
Case Status - Disposed.
Legal Provisions - S. 125 of the Army Act, 1950.
S. 475 of CrPC, 1973
View Case

Important Quote

"Privacy of a person within the confines of his house or residence is a cherished right and has to be respected. Intrusion into the residence of a citizen would be permissible only subject to confirmation with the standards mandated by our Constitution and the laws of the land which the army scrupulously follows."

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Notes

The right to privacy is violated by illegal entry, search and seizure of valuables by army personnel.

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Gauhati High Court (Kohima Bench)

Mangyang Lima vs. State of Nagaland and Ors.

Dignity, Surveillance, Search and Seizure

1 Judge

Case Details

Decision Date - 09.01.2019
Citation - 2019 (1) GLT 409, MANU/GH/0240/2019
Case Type - Writ Petition (Civil)
Case Status - Disposed.
Legal Provisions - Article 19 and Article 21 of the Constitution of India, 1950.
View Case

Important Quote

"It may be mentioned that with the latest view of the Supreme Court in K.S. Puttaswamy Vs. Union of India, holding that right to privacy is a fundamental right and part of Article 21, in the opinion of this Court, the restricted view expressed in Kharak Singh (supra) about the freedom of movement as guaranteed under Article 19(1)(a) read with Article 21 may require an expansive interpretation as had been done by the minority view as expressed by Subba Rao J. in the aforesaid case. The freedom of movement in clause (d) of Art. 19(1) must be a movement in a free country i.e. in a country where he can do whatever he likes, speak to whomsoever he wants, meet people of his own choice without any apprehension, subject of course to the law of social control. The petitioner being banished and ex-communicated is certainly deprived of these freedom. We would, therefore, define the right of personal liberty in Article 21 as a right of an individual to be free from restrictions or encroachments on his person, whether those restrictions or encroachments are directly imposed or indirectly brought about by calculated measures. It so understood, all the acts of surveillance under Regulation 236 infringe the fundamental right of the petitioner under Article 21 of the Constitution."

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Notes

The righ to privacy is violated by banishment and ex-communication by village council.

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Himachal Pradesh High Court

Vinod Mittal vs. State of H.P. and Ors.

Bodily Integrity

1 Judge

Case Details

Decision Date - 23.06.2020
Citation - 2020 (2) ShimLC 1130, MANU/HP/0524/2020
Case Type - Criminal Misc. Petition (Main) u/s 482 CrPC
Case Status - Disposed.
Legal Provisions - Article 20(3) of Constitution of India, 1950
View Case

Important Quote

"Subjecting a person to the impugned techniques in an involuntary manner violates the prescribed boundaries of privacy and forcible interference with a person's mental processes is not provided for under any statute and it most certainly comes into conflict with the "right against self-incrimination""

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Notes

Undergoing Narco Analysis, polygraph and BEAP tests with consent of the accused is not violative of right to privacy.

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Jammu and Kashmir High Court

Monika Mehra and Ors. vs. State and Ors.

Autonomy, Dignity

1 Judge

Case Details

Decision Date - 02.07.2018
Citation -III (2018) DMC 76, MANU/JK/0752/2018
Case Type - Other Writ Petition
Case Status - Disposed.
Legal Provisions - Article 21 of Constitution of India, 1950
View Case

Important Quote

"In Justice KS Puttasivamy vs. Union of India, this Court in a decision of nine Judges held that the ability to make decisions on matters close to one's life is an inviolable aspect of the human personality."

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Notes

The ability to make decisions on matters close to one's life such as marriage is a part of the right to privacy.

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Jharkhand High Court

Anurag Gupta vs. The Election Commission of India and Ors.

Autonomy

1 Judge

Case Details

Decision Date - 03.05.2019
Citation - 2019 (2) J.L.J.R. 650, MANU/JH/0571/2019
Case Type - Writ Petition (S)
Case Status - Disposed.
Legal Provisions - Art. 324 of the Constitution of India, 1950.
S. 28-A of Representation of People Act, 1951
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Important Quote

"The petitioner contended that ... the order directing him to report at New Delhi is in violation of his fundamental rights and right to privacy, as he has a right to move freely within the territory of India. ... The petitioner has got no right to remain posted at a particular place nor does he have the right over his present assignment. Leave also cannot be sought by way of right. Thus, no right of the petitioner has been infringed by the impugned order, far less a fundamental right."

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Notes

Curtailment of right of movement pending inquiry by Election Commission is not violative of right to privacy.

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Karnataka High Court

Bushra Abdul Aleem and Ors. vs. Government of Karnataka, Department of Health and Family Welfare and Ors.

Autonomy

1 Judge

Case Details

Decision Date - 30.08.2019
Citation - ILR 2020 KARNATAKA 963, MANU/KA/6862/2019
Case Type - Writ Petition
Case Status - Disposed.
Legal Provisions - S. 2(g), 3 and 6 of the the Karnataka Compulsory Service Training by Candidates Completed Medical Courses Act, 2012 as amended by the Karnataka Act No. 35 of 2017. The Karnataka Compulsory Service Training by Candidates completed Medical Course Rules 2015
View Case

Important Quote

"Although, an exhaustive enumeration or catalogue of entitlements or interests comprised in right to privacy is left undetermined; Privacy includes at its core, the preservation of personal intimacies, sanctity of family life, marriage, procreation, home and sexual orientation. "Privacy also connotes right to be left alone"; Privacy safeguards individual autonomy and recognizes ability of individual to control vital aspects of his or her life. Personal choices governing way of life are intrinsic to privacy." "The Apex Court in the second K.S. Puttaswamy (Adhaar) Vs. UOI, has held that the Right to Privacy can be abridged by a just, fair & reasonable law as any other Fundamental Rights can be; such abridgment has to fulfill the test of proportionality i.e., it should be proportionate to the need for such interference; in addition to this, the law in question must also provide procedural guarantees against abuse of such interference; abridgment has to be co-terminus with true requirement; going by this standard, it is difficult to countenance petitioners' argument that the impugned Act is constitutionally invalid, especially when State's power to compel citizens to render public service is sanctioned under Article 23(1) of the Constitution."

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Notes

Compulsory medical service is not violative of the right to privacy.

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Sudarshan vs. State of Karnataka and Ors.

Surveillance, Search and Seizure

1 Judge

Case Details

Decision Date - 11.08.2020
Citation - 2020 (6) KarLJ 495, MANU/KA/2725/2020
Case Type - Criminal Petition
Case Status - Disposed.
Legal Provisions - S. 482 of CrPC, 1973.
Article 20(3) of the Constitution of India, 1950
View Case

Important Quote

"There is no merit in the contention that collection of voice samples for the purpose of comparing that with voice in phone conversation records amounts to self incrimination and violative of Article 20(3) of the Constitution."

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Notes

Collection of voice samples for the purpose of comparing that with the voice in phone conversation records does not amount to self incrimination or breach of privacy.

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M.K. Pushpitha vs. State of Karnataka and Ors

Surveillance, Search and Seizure

1 Judge

Case Details

Decision date - 04.08.2021
Citation - MANU/KA/3480/2021
Case type - Criminal Misc. Writ Petition
Case status - Writ petition allowed
Legal provisions - S. 380, 403, 409, and 420 read with 34 of the Indian Penal Code, 1860. S. 53 of the Disaster Management Act, 2005.
View Case

Important Quote

"On the other hand, the act of the Police arresting the petitioner, seizing the articles prior to registering of the FIR is illegal and search and seizure in non-cognizable offences amounts to violation of right of privacy and the liberty guaranteed under Article 21 of Constitution of India. Therefore, registering the FIR after conducting the investigation is bad in law in view of the principles laid down by the Hon'ble Supreme Court in the case of Lalitha Kumari stated supra. Therefore, the Police shall not be allowed to conduct investigation, which amounts to abuse of process of law. Hence, the FIR registered against the petitioner requires to be quashed."

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Notes

Registration of FIR is mandatory if the information discloses commission of a cognizable offence.

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Kerala High Court

Mini K.T. vs. Senior Divisional Manager (Disciplinary Authority), Life Insurance Corporation of India and Ors.

Dignity

1 Judge

Case Details

Decision Date - 21.12.2017
Citation - ILR 2018 (1) Kerala 355, MANU/KE/1919/2017
Case Type - Writ Petition (Civil)
Case Status - Disposed.
Legal Provisions - Articles 14, 15, 16, 21 of the Constitution of India, 1950
View Case

Important Quote

"In Justice K.S. Puttaswamy's case (supra), the Hon'ble Supreme Court while adverting to the privacy of individual observed that privacy is an essential aspect of dignity. ... To understand the dignity of a woman, the societal background has to be considered. ... No action is possible against a woman employee for her absence from duty on account of compelling circumstances for taking care of her child. No service regulations can stand in the way of a woman for claiming protection of her fundamental right of dignity as a mother. ... motherhood is an inherent dignity of woman, which cannot be compromised."

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Notes

No action is possible against a woman employee for her absence from duty on account of compelling circumstances for taking care of her child. Privacy is an essential aspect of dignity of women as mothers.

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Oommen Chandy vs. State of Kerala and Ors.

Dignity, Informational Privacy

1 Judge

Case Details

Decision Date - 15.05.2018
Citation - ILR 2018 (2) Kerala 732, MANU/KE/1039/2018
Case Type - Writ Petition (Civil)
Case Status - Disposed.
Legal Provisions - S. 8B of the Commissions of Inquiry Act, 1952
View Case

Important Quote

"On account of its nature as a right that is personal to an individual, I am of the view that the newly recognised fundamental right to privacy, which takes within its fold the right to protection of ones reputation as well, would merit classification as a fundamental right that protects an individual, not only against arbitrary State action, but also against the actions of other private citizens, such as the press or media."

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Notes

Incorporation of the contents of a letter produced before the Inquiry Commission, containing sexual allegations against a party, making it vulnerable to a discussion by the public and the media amounts to infringement of the right to privacy.

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C.S. Chacko vs. Union of India and Ors.

Autonomy, Informational Privacy

2 Judge

Case Details

Decision Date - 02.08.2018
Citation - AIR 2018 Ker 166, MANU/KE/1957/2018
Case Type - Writ Petition (Civil)
Case Status - Disposed.
Legal Provisions - Article 25 and 26 of the Constitution of India, 1950
View Case

Important Quote

"Our Constitution, through its preamble, proclaims liberty of thought, action, belief, faith and worship as cherished concepts, that are guaranteed to all persons through Articles 25 and 26 thereof. It is through the exercise of these very liberties, that the petitioner chose to be a member of the 6th respondent Church, or to continue to be one. His actions were also in accordance with the exercise of his fundamental right to choose the religion that he wanted to adopt. Having done so, he cannot be heard to say that his continuance as a member of the Church is on account of any compulsion that is imposed on him."

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Notes

Practice of compulsory confession amongst Orthodox Syrian Christians not violative of right to privacy.

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Gopalakrishnan P. vs. State of Kerala

Informational Privacy, Dignity, Data Protection

1 Judge

Case Details

Decision Date - 14.08.2018
Citation - 2018 (4) KLT 1159, MANU/KE/2817/2018
Case Type - Criminal Misc. (Main)
Case Status - Disposed.
Legal Provisions - S. 173 and 207 of CrPC, 1973
View Case

Important Quote

"In the case of Justice K.S. Puttaswamy (Retd.) and Another vs. Union of India and Others, the Constitutional Bench of the Supreme Court had held that the fundamental rights emanate from basic notions of liberty and dignity and the enumeration of some facets of liberty as distinctly protected rights under Article 19 does not denude Article 21 of its expansive ambit. It was held that, validity of a law which infringes the fundamental rights has to be tested not with reference to the object of state action, but on the basis of its effect on the guarantees of freedom... When there is a conflict between Fundamental Rights of a person and statutory rights of another person, Fundamental Rights will prevail."

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Notes

Furnishing copy of memory card to accused is a serious transgression into the right to privacy of victim of sexual abuse.

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The Cochin Institute of Science and Technology vs. Jisin Jijo and Ors.

Autonomy

2 Judge

Case Details

Decision Date - 04.06.2019
Citation - ILR 2019 (2) Kerala 796, MANU/KE/2179/2019
Case Type - Writ Appeal
Case Status - Disposed.
Legal Provisions - Article 21 of the Constitution of India, 1950
View Case

Important Quote

"In K.S. Puttaswamy and Another vs. Union of India and Others, reported in the Supreme Court found that the focus of the guarantee of fundamental rights was the individual and that the fundamental right to life envisaged under Article 21 was a right to a life with dignity. The right of a person to individual autonomy in matters of personal choice and preferences was seen as integral to his dignity and thereby his fundamental right under Article 21 of the Constitution."

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Notes

The freedom to choose the college of his/her choice for pursuit of studies is a facet of fundamental right to privacy.

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State of Kerala and Ors. vs. Shyam Balakrishnan and Ors.

Surveillance, Search and Seizure

2 Judge

Case Details

Decision Date - 08.07.2019
Citation - ILR 2019 (3) Kerala 466, MANU/KE/2603/2019
Case Type - Writ Appeal
Case Status - Disposed.
Legal Provisions - S. 149 of CrPC, 1973
View Case

Important Quote

"In the exercise of its powers of judicial review under Article 226 of our Constitution, while acting as a sentinel on the qui vive to protect the fundamental rights of our citizens, this Court exercises a primary review over State action with an emphasis on the doctrine of proportionality. A charge that State action has violated the fundamental right of a citizen calls for a heightened scrutiny of the said action by the Constitutional Courts to determine whether the action of the State in restricting the liberty of the citizen was strictly required by the exigencies of the situation. ... A good end does not justify a bad means more so when the means adopted are such that violate the personal freedom and privacy of individuals."

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Notes

The action of the police authorities in detaining and interrogating a person and thereafter searching his residence, without following due procedure is violative of the right to privacy.

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Raju Sebastian and Ors. vs. Union of India and Ors.

Informational Privacy, Data Protection

2 Judge

Case Details

Decision Date - 04.09.2019
Citation - AIR 2020 Ker 3, MANU/KE/3533/2019
Case Type - Writ Appeal
Case Status - Disposed. Judgment of the Single Judge in Nana Auto Fuels and Ors. vs. Union of India and Ors. MANU/KE/2762/2018 overruled..
Legal Provisions - Article 21 of the Constitution of India, 1950
View Case

Important Quote

"Privacy attaches to the person and not the place where the information is kept. The right to privacy is not lost as a result of confidential information being parted with by the customer to the custody of the bank. ... Any information which discloses remittances made to the Income Tax Department towards discharge of tax liability would constitute personal information. A demand for furnishing income tax returns filed by a person would constitute invasion of the privacy of a person."

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Notes

A demand for furnishing income tax returns filed by a person would constitute invasion of the privacy of a person.

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Faheema Shirin R.K. vs. State of Kerala and Ors.

Autonomy, Right to Know and Access Information

1 Judge

Case Details

Decision Date - 19. 09. 2019
Citation - AIR 2020 Ker 35, MANU/KE/3799/2019
Case Type - Writ Petition (Civil)
Case Status - Disposed.
Legal Provisions - Article 21 of the Constitution of India, 1950
View Case

Important Quote

"The right to have access to Internet becomes the part of right to education as well as right to privacy under Article 21 of the Constitution of India."

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Notes

The right of a student to have access to internet is also part of the right to privacy.

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Vilasini and Ors. vs. State of Kerala and Ors.

Dignity

1 Judge

Case Details

Decision Date - 14.02.2020
Citation - 2020 (4) KLT 863, MANU/KE/0546/2020
Case Type - Writ Petition (Civil)
Case Status - Disposed.
Legal Provisions - Rule 7, Kerala Abkari Shops Disposal Rules, 2002
View Case

Important Quote

"The task of the constitutional court while determining the issue related to privacy falls on factual criteria to classify the action complained. This task essentially is a fact finding. ... violation of privacy must have an immutable character available to the group or collective. ... In a challenge based on infringement of privacy, the first task upon the constitutional court is to classify the nature of the action complained. On the classification of such action, the Court has to find out whether such action complained is sufficient to harm the citizen from enjoying his life with dignity or amenities which he was enjoying before the action complained ... Privacy rights cannot be recognized to promote the individual interest to deny the rights of others. ... No toddy shop shall be located in a residential area infringing the right of privacy of the individual to have respect for his private and family life, his home and his correspondence as referred in Article 8 of European Convention on Human Rights. ... No new licence or renewal shall be granted to toddy shops in a residential area without assessing privacy rights impact."

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Notes

Lays down the 'Threshold Severity Test' for impact on privacy rights. Privacy impact assessment must be made by the State before grant or renewal of licence to toddy shop in residential areas.

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Neethu Narendran vs. State of Kerala

Autonomy, Bodily Integrity

1 Judge

Case Details

Decision Date - 30.04.2020
Citation - 2020 (3) KLT 155, MANU/KE/1771/2020
Case Type - Writ Petition (Civil)
Case Status - Disposed.
Legal Provisions - S. 3 of Medical Termination of Pregnancy Act, 1971
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Important Quote

"In Justice K.S. Puttaswamy vs. Union of India, the Supreme Court has approved the constitutional right of a woman to make reproductive choices as part of her personal liberty under Art. 21 of the Constitution of India. Their Lordships went further and expanded the doctrine of right to privacy to even include the right of a woman to enjoy or not to enjoy motherhood. The concept of a woman having autonomy of the body and mind which includes the ability to make decisions on vital matters of concern to her life have been elevated to the status of her right to privacy."

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Notes

Women's autonomy of body and mind is part of right to privacy.

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X vs. S

Informational Privacy

2 Judge

Case Details

Decision Date - 18.09.2020
Citation - MANU/KE/3082/2020
Case Type - Original Petition (Family Court)
Case Status - Disposed.
Legal Provisions - The Code of Medical Ethics formulated by the Indian Medical Council as per the provisions of S. 20A of the Indian Medical Council Act as amended in 1964.
S. 23 of the Mental Healthcare Act, 2017
View Case

Important Quote

"When a court of law orders production of records relating to an individual, it cannot be regarded as an intrusion into the right to privacy of that individual for then it will fall under the expression "except by procedure established by law" of Article 21. ... Before ordering the production of treatment records of a mentally ill person, court must apply its mind judicially and ascertain whether the documents sought for have a material bearing on the case. If it is found that the documents relating to the treatment records of a mentally ill person has a material bearing on the case, the court must then consider whether non production will cause prejudice to the person seeking production. If answers to both the aforesaid questions are in the affirmative only then will the court be justified in ordering production of treatment records of a mentally ill person."

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Notes

When the power is exercised by a Court of law calling for medical records of an individual, the same cannot be regarded as an intrusion into the right to privacy.

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Xxxxx vs. State of Kerala

Autonomy, Dignity

1 Judge

Case Details

Decision date - 13.08.2021
Case citation - MANU/KE/1845/2021
Case type - Civil Misc. Writ Petition
Case status - Writ petition allowed
Legal provisions - Articles 14, 19 and 21 of the Constitution of India, 1950; Sections 8(1) and 16 of the Registration of Births and Deaths Act 1969.
View Case

Important Quote

"In Puttaswamy's case (supra), it was held that ... one of the connotations of “privacy” includes decisional autonomy which comprehends intimate personal choices such as, those governing reproduction as well as choice expressed in public such as, faith or modes of dress."

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Notes

Requirement to provide the name of the sperm donor violates the mother's right to privacy.

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Madhya Pradesh High Court (Jabalpur Bench)

Shashimani Mishra and Ors. vs. State of Madhya Pradesh and Ors.

Autonomy, Dignity

1 Judge

Case Details

Decision Date - 17.06.2019
Citation -MANU/MP/0435/2019
Case Type - Writ Petition
Case Status - Disposed.
Legal Provisions - S. 13(3) of the Protection of Human Rights Act, 1993 and Regulation 12 of the Regulations.
S. 43, 268 and 278 of the Indian Penal Code, 1860
View Case

Important Quote

"The Conduct of the Petitioners may be at divergence from the established social norm. It may be based upon a perception which may not find the approval of many yet, the Petitioners have the right to be different in thought, perception and action. ... yet, under no circumstances can the State intervene and disturb the right to privacy of the Petitioners if the said act does not come within the ambit and scope of an offence or an illegality."

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Notes

The State has no right to intervene and disturb a person's right to privacy so long as his act does not constitute an offence or an illegality.

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Pratyush Dwivedi and Ors. vs. State of Madhya Pradesh and Ors.

Autonomy

2 Judge

Case Details

Decision Date - 17.12.2020
Citation - MANU/MP/1404/2020
Case Type - Writ Petition
Case Status - Disposed.
Legal Provisions - Rule 12(2)(a) and Rule 10(3) of Madhya Pradesh Private
Medical and Dental Post Graduate Course Admission Rules 2017. Madhya Pradesh Niji Vyavsayik Shikshan Sanstha (Pravesh Ka
Viniyaman Avam Shulk Ka Nirdharan) Adhiniyam, 2007.
Article 19(1)(g) of the Constitution of India, 1950

Important Quote

"Contentions that the Bond Agreement violates ... Article 21 of the Constitution has also been settled with the decision in Association of Medical Super Speciality Aspirants & Residents (supra) wherein it is held: "private rights, when in conflict with public interest, have to take a back seat. ""

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Notes

Compulsory service bonds signed at the time of admission to a course are not violative of the right to privacy, life and liberty.

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Madras High Court (Madurai Bench)

G. Vasanthi vs. Muneeshwaran

Autonomy, Bodily Integrity

1 Judge

Case Details

Decision Date - 02.01.2019
Citation - (2019) 2 MLJ 498, MANU/TN/1008/2019
Case Type - Criminal Revision Petition (PD) (Madurai Bench)
Case Status - Disposed.
Legal Provisions - S. 112 of the Indian Evidence Act, 1872
View Case

Important Quote

"The contention with regard to violation of fundamental right cannot hold good in view of the decision of the Hon'ble Supreme Court in Sharda vs. Dharmpal. The Hon'ble Supreme Court observed that where divorce is sought on grounds such as impotency, schizophrenia etc., normally without there being medical examination, it would be difficult to arrive at a conclusion as to whether the allegation made by one spouse against the other spouse seeking divorce on such a ground is correct or not. In order to substantiate such allegation, the petitioner would always insist on medical examination. If the respondent avoids such medical examination on the ground that it violates his/her right to privacy or for that matter to personal liberty as enshrined under Article 21 of the Constitution of India, then it may, in most of such cases become impossible to arrive at a conclusion. If the Court passes an appropriate order for medical examination, the question of such action being violative of Article 21 of the Constitution of India would not arise. ... The nine Judges Bench of the Hon'ble Supreme Court in K.S. Puttaswamy vs. Union of India, unanimously held that right to privacy is a fundamental right, but left the conclusions set out in para 81 in Sharda vs. Dharmpal (supra), untouched."

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Notes

A court's order for medical examination is not violative of the right to privacy under Article 21 of the Constitution of India, 1950.

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Arunkumar and Ors. vs. The Inspector General of Registration and Ors.

Autonomy, Bodily Integrity

1 Judge

Case Details

Decision Date - 22.04.2019
Citation - AIR 2019 Mad 265, MANU/TN/1403/2019
Case Type - Writ Petition (Madurai Bench)
Case Status - Disposed.
Legal Provisions - S. 5 of the Hindu Marriage Act, 1955
View Case

Important Quote

"In the case on hand, the second petitioner herein has chosen to express her gender identity as that of a woman. As held by the Hon'ble Supreme Court this falls within the domain of her personal autonomy and involves her right to privacy and dignity. It is not for the State authorities to question this self determination."

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Notes

Right to express gender identity is a part of right to privacy under Article 21 of the Constitution of India, 1950.

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Rahmath Nisha vs. The Additional Director General of Prison and Ors.

Dignity

1 Judge

Case Details

Decision Date - 28.05.2019
Citation - 2019 CriLJ 4041, MANU/TN/3075/2019
Case Type - Writ Petition (Madurai Bench)
Case Status - Disposed.
Legal Provisions - S. 122 of the Indian Evidence Act, 1872.
Rule 529 and 531 of Tamil Nadu Prison Rules, 1983
View Case

Important Quote

"Rule 531 (2)... which was introduced in the year 2000 will have to be read down in view of the recent rulings of the Hon'ble Supreme Court as set out earlier. Unless it is so read down, the right to dignity inhering in the prisoner and his spouse would certainly be infringed. ... While private prison cottages may be a distant prospect, the privacy and dignity of the prisoners should be scrupulously protected. Conversations between prisoner and his spouse should be unmonitored."

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Notes

Right to life, personal liberty includes right of convicts or jail inmates to have conjugal visits with privacy.

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Thirumagan and Ors. vs. The Superintendent of Police, Madurai District and Ors.

Surveillance, Search and Seizure

1 Judge

Case Details

Decision Date - 03.07.2020
Citation - 2020 (4) MLJ (Crl) 133, MANU/TN/3574/2020
Case Type - Writ Petition (Madurai Bench)
Case Status - Disposed.
Legal Provisions - Tamil Nadu Restriction of Habitual Offenders Act, 1948.
Chapter XLII of the Police Standing Orders
View Case

Important Quote

"The need for effective policing (through history-sheeting), and, the arbitrary and malafide exercise of police power in history-sheeting (an individual), are conceptually different. Having stated that history sheeting has the potential to imperil the fundamental right of the person history-sheeted under Article 21, then in terms of Article 21, any limitation on the right to life could be attempted only as per the 'procedure established by law'. ... If prevention of crime is the central theme that provides a justification for history-sheeting, and if the decision to history sheet is only an administrative action, it then follows that whenever an administrative action forsakes fairness and ignores objectivity, arbitrariness invites itself to hold the action in contempt of the Constitutional doctrine of equality. Conversely, every action that violates the fundamental rights cherished under Part III of the Constitution, proprio vigore will be arbitrary."

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Notes

Judgment provides for guidelines to the police history-sheeting without violating the right to privacy.

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Karthick Theodre vs. The Registrar General, Madras High Court and Ors

Right to be Forgotten

1 Judge

Case Details

Decision date - 03.08.2021
Case citation - MANU/TN/5222/2021
Case type - Civil Misc. Writ Petition
Case status - Dismissed
Legal provisions - Article 21 of the Constitution of India, 1950.
View Case

Important Quote

"This Court can act upon the request made by the petitioner only by placing reliance upon Article 21 of the Constitution of India. After the historic Judgment of the Hon'ble Supreme Court in Puttaswamy Vs. Union of India, the Right of Privacy has now been held to be a fundamental right, which is traceable to Article 21 of the Constitution of India. If the essence of this Judgment is applied to the case on hand, obviously even a person, who was accused of committing an offence and who has been subsequently acquitted from all charges will be entitled for redacting his name from the order passed by the Court in order to protect his Right of Privacy. This Court finds that there is a prima facie case made out by the petitioner and he is entitled for redacting his name from the Judgment passed by this Court in Crl.A. (MD). No. 321 of 2011." "It will be more appropriate to await the enactment of the Data Protection Act and Rules thereunder, which may provide an objective criterion while dealing with the plea of redaction of names of accused persons who are acquitted from criminal proceedings. If such uniform standards are not followed across the country, the constitutional courts will be riding an unruly horse which will prove to be counterproductive to the existing system."

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Notes

Publication of matters concerning an individual without their consent would violate their privacy.

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Madras High Court

A. Venkatesan vs. The State Information Commissioner and Ors.

Informational Privacy, Right to Know and Access Information

1 Judge

Case Details

Decision Date - 01.06.2020
Citation - MANU/TN/3387/2020
Case Type - Writ Petition
Case Status - Disposed.
Legal Provisions - S. 8(1)(j) of the Right to Information Act, 2005. Sections 158(6), 160, 169 of the Motor Vehicles Act, 1988 read with Rule 1 of Order XVI of the Code of Civil Procedure, 1908
View Case

Important Quote

"The right of access to the CCTNS portal has been thoughtfully restricted only to stakeholders (which undoubtedly includes the insurer) on payment of prescribed fee, and it cannot be carped that there is no provision for other intermeddlers, who are in no way connected with it, for using that facility, as it is likely to otherwise cause invasion of the privacy of the victims and the vehicle owners by misuse of their personal information."

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Notes

Special enactments may restrict access to certain information under the Right to Information Act, 2005 to protect the right to privacy of certain individuals.

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Sanjay Bhandari and Ors. vs. The Secretary of Govt. of India and Ors.

Search and Seizure, Surveillance, Phone Tapping

1 Judge

Case Details

Decision Date - 23.11.2020
Citation - MANU/TN/6319/2020
Case Type - Writ Petition
Case Status - Disposed.
Legal Provisions - S. 5(2) of the Indian Telegraph Act, 1985
View Case

Important Quote

"The Hon'ble Supreme Court of India held that telephonic tapping cannot happen unless specific criteria as mentioned in Section 5 (2) of Indian Telegraph Act are satisfied along with the criteria laid down in the case. The circumstances in which such permission can be granted is when there is a specific public emergency and the same related to some matter relating to sovereignty and the integrity of India; the security of the states; friendly relationship with foreign states; public order or for preventing incitement to the commission of an offence. These steps laid down have been reaffirmed by the Hon'ble Supreme Court of India in the case of K.S. Puttuswamy (Retd) and another Vs. Union of India and others reported in.The first respondent passed the orders for detection, prevention, investigation and prosecution of corrupt activities of the petitioners herein in accordance with the provision under Section 5(2) of the Indian Telegraph Act, 1885. Therefore, this Court finds no violation of Section 5(2) of the Telegraph Act and also it would not amount to violation of the right to privacy"

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Notes

Phone tapping orders meant for detection, prevention, investigation and prosecution of criminal/corrupt activities do not amount to a violation of the right to privacy, if conducted within legal parameters.

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S. Sushma and Ors. vs. Commissioner of Police, Greater Chennai Police and Ors.

Autonomy

1 Judge

Case Details

Decision date - 07.06.2021
Case citation - MANU/TN/3963/2021
Case type - Civil Misc. Writ Petition
Case status - Dismissed
Legal provisions - Article 14, 15 and 21 of the Constitution of India, 1950.
View Case

Important Quote

"Sexual autonomy is an essential aspect of the right of privacy which is another right recognised and protected under Article 21 of the Constitution. LGBTQIA+ persons, like cis persons, are entitled to their privacy and have a right to lead a dignified existence, which includes their choice of sexual orientation, gender identity, gender presentation, gender expression and choice of partner thereof. This right and the manner of its exercise are constitutionally protected under Article 21 of the Constitution." ""The 'grounds' enumerated in Article 15 of the Constitution are not water-tight compartments to be viewed divorced from discrimination which is the sheet anchor of the provision. The grounds are merely instruments to find and eliminate discrimination and are, therefore, a means to an end. Discrimination is not a self-referencing concept. A meaningful attempt to identify and eliminate discrimination must necessarily involve the identification and protection of the constitutional values of personal autonomy, dignity, liberty and privacy.""

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Notes

This case prohibited the use of conversion therapy against LGBTQIA+ persons.

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Raptakos Brett and Co. Ltd. v. Raptakos Brett Employees Union and Ors.

Dignity

1 Judge

Case Details

"Decision date - 13.08.2021
Citation - MANU/TN/5584/2021
Case type - Civil Writ Appeal
Case status - Dismissed
Legal provisions - Article 21 of the Constitution of India, 1950; Sections 9-A and 33 of the Industrial Disputes Act, 1947."
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Important Quote

In the judgment of the Hon'ble Apex Court in Justice K.S. Puttaswamy (Retd.) v. Union of India (supra), Hon'ble Justice Sanjay Kishan Kaul (in his separate opinion) recognizing the breach of privacy committed by private individuals/private entities/non- State actors, called upon the legislature to legislate on this issue and ensure privacy of individuals against other citizens as well.

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Notes

Installation of CCTV cameras in the changing area and the restroom would amount to a breach of privacy

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Orissa High Court

Ananga Kumar Otta vs. Union of India and Ors.

Informational Privacy

2 Judge

Case Details

Decision Date - 16.08.2020
Citation - MANU/OR/0215/2020
Case Type - Writ Petition (PIL)
Case Status - Disposed.
Legal Provisions - Regulation 3 (ix) of the Odisha COVID-19 Regulations, 2020. S. 33(m) read with S. 20-A of the Indian Medical Council Act, 1956
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Important Quote

"The right to privacy of them, being implicit in Article 21 of the Constitution, i.e., right-to life and liberty though not absolute and subjected to reasonable restriction, considering the adverse impact of such disclosure of identity of a patient and also persons in quarantine as well as their family members, as stated hereinbefore, we hope and trust that the State shall take further steps if not already taken to keep the personal information masked by applying appropriate method if not there, such as, providing code number for keeping the details in anonymity and keep utmost confidentiality of such information in different intradepartmental communication, as from the different instances brought to our notice, we have reason to believe that there is pilferage of the personal details unauthorisedly in some cases by some persons. So also, we hope and trust that before disclosing the identity of Covid-19 infected persons or persons in quarantine in exceptional circumstances, as stated in the Regulation, to achieve the goal, the State shall also must-take note the fact that the same is subject to scrutiny of triple test prescribed in the case of Puttaswamy (supra) before invasion of such right to privacy of the persons in quarantine/Covid- 19 infected persons alive ordeal."

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Notes

Public disclosure of identity of quarantined/Covid-19 infected persons is subject to scrutiny of the 'triple test' prescribed in the Puttaswamy case.

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Subhranshu Rout vs. State of Odisha

Dignity, Informational Privacy

1 Judge

Case Details

Decision Date - 23.11.2020
Citation - MANU/OR/0270/2020
Case Type - Bail Application
Case Status - Disposed.
Legal Provisions - The Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011
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Important Quote

"Though the statute prescribes penal action for the accused for such crimes, the rights of the victim, especially, her right to privacy which is intricately linked to her right to get deleted in so far as those objectionable photos have been left unresolved. ... In such cases, either the victim herself or the prosecution may, if so advised, seek appropriate orders to protect the victim's fundamental right to privacy, by seeking appropriate orders to have such offensive posts erased from the public platform, irrespective of the ongoing criminal process."

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Notes

The right to privacy of a victim of sexual offences includes the right to have offensive posts erased from any public platform.

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Patna High Court

Ajay Kumar Singh vs. Director General of Investigation, Income Tax and Ors.

Surveillance, Search and Seizure

2 Judge

Case Details

Decision Date - 02.12.2020
Citation - 2021 (1) BLJ 340, MANU/BH/0742/2020
Case Type - Civil Writ Jurisdiction
Case Status - Disposed.
Legal Provisions - S. 132 of the Income Tax Act, 1961
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Important Quote

"Search and seizure proceedings ... empowers the Revenue Department to bypass the privacy of an assessee or any individual, whom the Revenue has a 'reason to believe,' would hold some information regarding tax evasion activities. In light of this power which clearly encroaches against the fundamental right to life and personal liberty, in as much as their privacy is concerned, must be contained within the limits of the law. Hence a strict reading of these empowering sections is necessary to avoid the pitfall of granting unfettered powers to the Revenue Department."

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Notes

Search and Seizure operations with proper authorization do not violate right to privacy.

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Shivani Kaushik and Ors. vs. Union of India and Ors.

Informational Privacy, Right to Information

2 Judge

Case Details

Decision date - 18.06.2021
Citation - MANU/BH/0407/2021
Case type - Civil Writ Jurisdiction
Case status - Order passed
Legal provisions - S. 4, 10, 17 and 19 of the Registration of Births and Deaths Act, 1969. S. 4 of the Right to Information Act, 2005.
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Important Quote

"""The Registration of Births and Deaths Act, 1969 (Act No. 18 of 1969) and also the Right to Information Act, 2005, gives a right to a person in almost unequivocal terms of their access to information and therefore, the Digital Portals should be made accessible to the general public with regular and timely updates. It is needless to say that private information of deceased individuals will still be protected under the Right to Privacy read into Article 21 of the Constitution but has to be balanced with 'General public awareness' and information dissemination."" ""The information to be updated regularly on the digital portal shall be done in line with the right to privacy, recognized under the Constitution."""

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Notes

Information can be updated on a digital portal, but the same must be done in line with the individual's right to privacy.

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Punjab and Haryana High Court

A and Ors. vs. State of Haryana and Ors.

Autonomy, Dignity, Informational Privacy

1 Judge

Case Details

Decision Date - 20.07.2018
Citation - (2018) 191 PLR 596, MANU/PH/1052/2018
Case Type - Writ Petition (Civil)
Case Status - Disposed.
Legal Provisions - S. 5 and 6 of the Special Marriage Act, 1954
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Important Quote

"In the considered view of this Court the CMCL, except as indicated below, deserves to be disregarded as its terms and conditions largely violate the rights to privacy of the petitioners which is now declared fundamental right. The provisions appear particularly offensive and excessive executive action beyond the purview of the Act and have, therefore, to be ignored save and except the provision of residence/domicile to confer jurisdiction on the Marriage Officer in the last sentence of condition No. 11. But the word "permanent" in condition 11 will be read down to mean also temporary residence which would suffice if stay is for 30 days prior to the filing of the application under Section 5 of the Act. ... However condition No. 14 is to be obeyed as it has statutory backing and shall be employed in the manner prescribed under Section 14 of the Act. Advance notice to parents of the petitioners shall be dispensed with as are not required to strictly maintain privacy rights, their right to life and liberty"

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Notes

Advance notice to parents under Special Marriage Act, 1954 is violative of right to privacy.

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Rajasthan High Court (Jaipur Bench)

Mahesh Chand Sharma and Ors. vs. State of Rajasthan and Ors.

Autonomy, Dignity

1 Judge

Case Details

Decision Date - 07.03.2019
Citation - 2021 (1) RLW 262 (Raj.), MANU/RH/0098/2019
Case Type - Civil Writ Petition (SB)
Case Status - Disposed.
Legal Provisions - S. 4 of the Rajasthan Conduct Rules,1971
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Important Quote

"In ABC Vs. State (NCT of Delhi) the Supreme Court recognized the right of an unmarried mother not to disclose the paternity of the child and it would amount to violate her fundamental right to privacy, if she is compelled to disclose name and particulars of father of her child. ... The norms of moralities of the society cannot supersede the right of privacy and right of choice of relationship of an individual and no person can be punished by his employer for such behaviour or relationship."

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Notes

Right to privacy includes the right of an unmarried mother not to disclose the paternity of the child.

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Telangana High Court

Ramgopal Varma and Ors. vs. Perumalla Amrutha

Informational Privacy, Press Freedom

2 Judge

Case Details

Decision Date - 06.11.2020
Citation - MANU/TL/0352/2020
Case Type - Civil Misc. Appeal
Case Status - Disposed.
Legal Provisions - S. 3(ii)(v) of The Scheduled Castes and Tribes (Prevention of Atrocities) Act, 1989
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Important Quote

"No doubt a person undoubtedly has a right to privacy in relation to her family, marriage, procreation, motherhood and child-bearing and none can publish anything concerned with these matters without his/her consent. Yet, there is an exception to the said rule i.e., that any publication concerning these aspects would become unobjectionable if such publication is based upon public records including court records. In other words, once the matter becomes a matter of public record, the right to privacy is no longer subsisting and it becomes a legitimate subject for comment for press and media among others. There are of course some exceptions to this exception, with which we are not concerned."

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Notes

Once the matter becomes a matter of public record, the right to privacy is no longer subsisting and it becomes a legitimate subject for comment by the press and media.

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Uttarakhand High Court

X vs. State of Uttarakhand and Ors.

Autonomy, Bodily Integrity, Dignity

1 Judge

Case Details

Decision Date - 31.05.2019
Citation - AIR 2019 Utr 138, MANU/UC/0448/2019
Case Type - Writ Petition (Crl.)
Case Status - Disposed. SLP Pending.
Legal Provisions - Criminal Tribes' Act, 1871.
S. 376, 377 and 385 of the Indian Penal Code, 1860

Important Quote

"This Court is of the view that after the judgment of Hon'ble Supreme Court in the NALSA's case, petitioner's right to determine her sex and gender has to be respected and honored. The petitioner has identified herself as a female', therefore, 'she' has to be treated as a female for all the purposes, whatsoever without any further confirmation from any authority."

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Notes

Right to gender identity is a part of right to privacy.

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Meghalaya High Court

Registrar General, High Court of Meghalaya vs. State of Meghalaya

Bodily Integrity

2 Judge

Case Details

Decision date - 23.06.2021
Citation - MANU/MG/0061/2021
Case type - Public Interest Litigation
Case status - Listed
Legal provisions - Article 21 of the Constitution of India, 1950.
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Important Quote

"Article 21 encompasses within its fold, right to health, as a fundamental right. By that same analogy, right to health care, which includes vaccination, is a fundamental right. However, vaccination by force or being made mandatory by adopting coercive methods, vitiates the very fundamental purpose of the welfare attached to it." "Question also arises whether fundamental right can be forcefully imposed even if the beneficiary is not inclined to its exercise, because, if the latter is undertaken, then there is a risk of running into infringing on the fundamental right to privacy and exercise of personal liberty. " "[R]ight to and the welfare policy for vaccination can never affect a major fundamental right; i.e., right to life, personal liberty and livelihood, especially when there exists no reasonable nexus between vaccination and prohibition of continuance of occupation and/or profession."

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Notes

Mandating vaccination violates a persons right to bodily autonomy.

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Methodology

The Privacy High Court Tracker has been developed using judgements pulled from the Manupatra case law database. Through its search function, CCG identified cases that relied upon the Puttaswamy judgment and were pertaining to the right to privacy, and filtered them by each of the 25 High Courts in India. These were then further examined to identify those cases whose decisions concerned a core aspect of privacy. CCG identified the following aspects of privacy (1) autonomy, (2) bodily integrity, (3) data protection, (4) dignity, (5) informational privacy, (6) phone tapping, (7) press freedom, (8) right to know and access information, and (9) surveillance, search and seizure. Cases where only incidental or passing observations or references were made to Puttaswamy and the right to privacy were not included in the tracker. The selected cases were then compiled into the database per High Court, with several details highlighted for ease of reference. These details consist of case name, decision date, case citation and number, case status, legal provisions involved, and bench strength. The tracker also includes select quotes concerning the right to privacy from each case, to assist users to more easily and quickly grasp the crux of the case. 

For ease of access to the text of the judgments, each case on our tracker is linked to the Indian Kanoon version of the judgment (wherever available) or an alternative open-access version of the judgment text.

We welcome your feedback. In addition, you may write to us at - ccg@nludelhi.ac.in with the details of any privacy case we may not have included from any High Court in India.