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 March 2024 (CCG will continue to update the tracker periodically). Only final judgements are included in the tracker, and not interim orders of the High Courts.
Show methodologyBodily Integrity, Dignity || Calcutta High Court
2 Judge
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
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"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."
Read moreInvasive recovery of narcotics/contraband from the body of accused amounting to breach of right to privacy.
Read moreInformational Privacy, Data Protection || Calcutta High Court
2 Judge
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
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"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."
Read moreThe right to privacy includes protection of personal information like financial statements/accounts.
Read moreRight to Know and Access Information || Calcutta High Court
2 Judge
Decision Date - 15.11.2021
Citation - MANU/WB/0806/2021
Case Type - Writ Appeal
Case Status - Dismissed
Legal Provisions - S. 8, 8 (1) and 10 of the Right to Information Act, 2005
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"That apart, the preamble of the RTI Act is its soul clearly spelling out the aims and objectives of the Act to provide a practical regime of the right to citizens to secure access to information under the control of public authorities in order to promote transparency and accountability in the working of every public authority. The Constitution of India has established a Democratic Republic. Democracy requires an informed citizenry and transparency of information which are vital to its functioning and also to contain corruption and to hold governments and their instrumentalities accountable to the governed"
Read moreDisclosure of information under the control of public offices, if done in public interest, promotes transparency and accountability in a democracy.
Read moreInformational Privacy, Right to Know and Access Information || Calcutta High Court
1 Judge
Decision Date - 29.09.2022
Citation - MANU/WB/1442/2022
Case Type - Writ Petition
Case Status - Disposed
Legal provisions - S. 8(1)(h) & 8(1)(j) of Right to Information Act, 2005
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"The significance of section 8(1)(j) which upholds the right to privacy and ultimately the reputation and dignity of an individual under Article 21 of the Constitution goes against the tide of a free flow of information and remains steadfast in holding on to the private space of an individual. The significance of this provision must not be forgotten or diluted under any circumstances (Ref. Subramanian Swamy vs. Union of India, Ministry of Law; (2016) 7 SCC 221). 29. In view of the above discussion WPA 18543 of 2022 is allowed and disposed of by directing the Police Authorities to immediately withdraw the entire series of photographs and WhatsApp messages between the deceased Rashika Jain and Abhishek Padia and treat the same as private information which falls within the clamp of section 8(1)(j) of The Right to Information Act. The authorities are to ensure that the WhatsApp messages and the photographs are not disclosed to any person or authority by way of an application under the Right to Information Act or otherwise."
Read morePrivate communication between two individuals over WhatsApp is exempt from disclosure under the Right to Information (RTI) Act, Section 8(1)(j).
Read moreDignity, Autonomy || Calcutta High Court
1 Judge
Decision Date - 22.09.2022
Citation - C.R.R 2039 of 2022
Case Type - Criminal Revision Petition
Case Status - Disposed
Legal provisions - S.125 of the Criminal Procedure Code
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"Keeping in mind the issue of burden of proof, it would be safe to conclude that in a case, like, the present one, the Court's decision should be rendered only after balancing the interests of the parties, i.e, the quest for truth, and the social and cultural implications involved therein. The possibility of stigmatizing a person as a bastard, the ignominy that attaches to an adult who, in the mature years of his life is shown to be not the biological son of his parents, may not only be a heavy cross to bear but would also intrude upon his right of privacy. No person can be compelled to provide a sample for DNA."
Read moreOne may face heavy consequences in light of the social and cultural implications from a DNA test that could deny parentage rights. Therefore, compelling a person to provide a sample for DNA test can be an intrusion upon their right to privacy.
Read moreInformational Privacy || Calcutta High Court
1 Judge
Decision Date - 15.09.2022
Citation - WPA 20837 of 2022
Case Type - Writ Petition
Case Status - Disposed
Legal provisions - Article 226 of The Constitution of India
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"It cannot be denied that in the cases relating to sexual offences, the disclosure of the identity of the victim lady during the course of the trial may cause further victimization to her. There also may be other facts and circumstances, which may justify non-disclosure of the identity of a litigant to maintain his privacy. In the present case, the principal grievance of the petitioner relates to her resignation from the relevant post. It is a service matter. In my view no justification has been shown by the petitioner to proceed with this writ petition without disclosing her name."
Read moreNon-disclosure of identity of the victim in a litigation is a valid request, for example a litigation related to sexual misconduct. However, disclosure of identity of the parties in a litigation cannot be excused for service matter cases.
Read moreDignity || Calcutta High Court
2 Judge
Decision Date - 05.09.2023
Citation - C. R. R. 2050 of 2023 in C. R. M. (DB) 1388 of 2023
Case Type - Criminal Revision in Criminal Main
Case Status - Case disposed.
Legal Provisions - Sec. 195A and 506 of the Indian Penal Code, Sec. 41A of the Code of Criminal Procedure.
"Right to privacy and dignity of every individual particularly a victim of sexual assault is the cornerstone of a civilized society. The Investigating Agency which is duty bound to preserve, protect and champion the fundamental right of privacy of the victim appears to have encroached upon it themselves. This factual background shows brazen disregard to the rule of law, privacy and dignity of a victim of sexual offence. As the actions of the police officers have caused breach of fundamental right to privacy and dignity of the victim, this Court would otherwise be inclined to impose appropriate and just compensation payable by the police officers personally to the victim as a remedy for enforcement of her fundamental rights."
Read moreThe Court reprimanded police officers for making midnight calls to a victim of sexual assault in the name of investigation, and directed them to personally pay a notional amount of Rs 5000 each to the victim as compensation for infringing upon her right to privacy and dignity.
Read moreAutonomy, Dignity || Calcutta High Court
2 Judge
Decision Date - 26.06.2023
Citation - MAT/1135/2023 and IA No.CAN/1/2023
Case Type -Tender of Mandamus Appeal and Interim Application
Case Status - Case and Appeal disposed.
Legal Provisions - Art. 226 of the Constitution of India.
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"Every citizen has a right to enjoy a peaceful life, not being hounded or interrogated by police excepting for good reason. Police interrogation infringes a citizen’s right to privacy which has now been recognized as a fundamental right. Such right can be curtailed only when larger public interest or national interest so warrants."
Read moreThe power of ordering a CBI Investigation must be exercised sparingly and with caution.
Read moreAutonomy, Dignity || Calcutta High Court
1 Judge
Decision Date - 18.10.2023
Citation - CRA (DB) 14 OF 2023
Case Type - Criminal Appellate
Case Status -
Legal Provisions - Section 482 of the Criminal Procedure Code, 1973, Section 6 of the Protection of Children from Sexual Offences Act, 2012. Sections 376(3) and 376(2)(n) Indian Penal Code, 1860 and Article 226 of the Constitution of India
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"Coming to the present case we find that this is a case of non-exploitative consensual sexual relationship between a minor girl and an older adolescent or may be a young adult. There is nothing on record to prove the factum of kidnapping by the appellant. No evidence has been led to that effect by the prosecution rather the victim ipse dixit has testified that she voluntarily walked into the house of her lover and married him. They started a conjugal life and about two years thereafter a female child was born to them. This is not a case where sexual offence has been committed and the appellant has married the victim to wriggle out of the punishment." "But taking into consideration the ground reality, subsequent development of birth of a child, peculiarity of facts and especially the economic conditions of the appellant and suffering of the victim since the date of arrest of her husband who (victim) is managing the family of an ailing mother-in-law and a small child without any support by her parents, we are constrained to take a humane view of the matter to do complete justice. We, therefore, invoke our inherent jurisdiction under Section 482 Cr.P.C. coupled with our plenary power under Article 226 of the Constitution of India and set aside the conviction of the appellant under Section 6 of the POCSO Act, Sections 376(3) and 376(2)(n) I.P.C."
Read moreTaking into consideration the non-exploitative consensual sexual relationship between the two adolescents, leading to the birth of a child, combined with the economic hardship, the Court invoked its inherent jurisdiction under Section 482 Cr.PC. read with Article 226 of the Constitution to set aside the conviction of the accused adolescent under POCSO and IPC.
Read moreAutonomy, Dignity || Calcutta High Court
1 Judge
Decision Date - 05.01.2024 .
Citation - W.P.A. No. 3792 of 2023
Case Type - Writ Petition
Case Status - Disposed
Legal Provisions - Regulation 46 & 47 of Adoption Regulations 2022.
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"However, as against the right to know one's roots, the rights of privacy and protection of identity of the biological parents of an adoptee are more fundamental and basic insofar as the said right protects the very survival of the biological parents. It is all the more so when an unwed mother surrenders her child due to extreme social pressures. Subjecting the said mother to potential social ignominy and ostracization might hit at the very root of her survival and may even lead her to take an extreme measure. There is no reason to assume that the biological mother who was so compelled as to leave her child with an agency for being put up for adoption would welcome the idea of being exposed to the scrutiny of society or even her child at an advanced age. Thus, the right to privacy and confidentiality of the unwed biological mother who surrendered her child has to be given primacy over the right of the adoptee, which is more on the fringes of his human existence and survival inasmuch as the said right is an add-on to his existence, which is otherwise well-sheltered and protected in the hands of his Swiss adoptive parents with whom he has grown up during all of his 35-36 years of existence on earth."
Read moreRight to privacy and confidentiality of the unwed biological mother who surrendered the child has to be given primacy over the right of the adoptee trying to know their roots.
Read moreAutonomy, Dignity || Calcutta High Court
1 Judge
Decision Date - 30.01.2024
Citation - C.R.R 344 of 2023
Case Type - Criminal Revision Petition
Case Status - Disposed
Legal Provisions - Section 354C of the Indian Penal Code, 1860.
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"Allegation made in the written complaint, in my opinion, did not disclose any offence under Section 354C... Explanation 1--For the purpose of this section, ""private act"" includes an act of watching carried out in a place which, in the circumstances, would reasonably be expected to provide privacy and where the victim's genitals, posterior or breasts are exposed or covered only in underwear; or the victim is using a lavatory; or the victim is doing a sexual act that is not of a kind ordinarily done in public... 12. From the bare reading of the aforesaid provision, it is clearly intelligible that the allegation of clicking pictures and making videos made in the written complaint cannot be said to be an offence within the meaning of Section 354C of IPC."
Read moreThe court held that the offence of voyeurism is not made out in a case where the allegation is that the accused had taken pictures and made videos of the complainant in a public setting, while she was attempting to gain entry into the property of the accused.
Read moreMethodology
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.
