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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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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.
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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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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.