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 December 2023 (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 methodologyAutonomy, Dignity || Madhya Pradesh High Court (Jabalpur Bench)
1 Judge
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
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"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."
Read moreThe 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.
Read moreAutonomy || Madhya Pradesh High Court (Jabalpur Bench)
2 Judge
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
"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. ""
Read moreCompulsory service bonds signed at the time of admission to a course are not violative of the right to privacy, life and liberty.
Read moreInformational Privacy, Phone Tapping || Madhya Pradesh High Court (Jabalpur Bench)
2 Judge
Decision date - 21.01.2022
Citation - MANU/MP/0121/2022
Case Type - Misc. Criminal Case
Case Status - Disposed
Legal Provisions - S. 91 of The Indian Evidence Act, 1872
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True it is that the right to privacy of the victim may be breached but if the production of the said call details can assist the Court in discovering truth and rendering justice in the matter then the Court has to adopt the due process before invoking Section 91, by affording opportunity to the person whose right to privacy is likely to be breached. This shall not only take care of the apprehension expressed by the complainant about the alleged breach of privacy but shall also ensure furtherance of the investigation/inquiry/trial/other proceedings in a free and fair manner thereby rendering justice and avoiding failure of justice. Thus, in the considered opinion of this Court, the trial Court ought to have heard the victim/complainant before passing the impugned order.
Read moreWhen summoning telephone records under Section 91 of the Evidence Act, the due process of law must be followed and the person whose privacy maybe affected should be given a fair chance of being heard.
Read moreBodily Integrity, Autonomy || Madhya Pradesh High Court (Jabalpur Bench)
1 Judge
Decision Date - 23.06.2022
Citation - MANU/MP/1509/2022
Case Type - Civil Misc. Writ Petition
Case Status - Disposed
Legal provisions - S. 3, 4, 5 of the Medical Termination of Pregnancy Act, 1971. Article 21, 226 of the Constitution Of India. S. 363 of the Indian Penal Code 1860
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"In the light of the aforesaid law and judgments, considering age of the girl to be 14 years, trauma and agony which she has suffered and keeping in view the report of medical Board constituted by this Court vide order dated 20.06.2022, this Court is of the opinion that prayer made by the petitioner deserves to be allowed and is accordingly allowed. The case of the petitioner is covered under explanation of sub-section (2) of Section 3 of the Act, 1971."
Read moreA minor rape survivor can be allowed to terminate a pregnancy at 25 weeks taking into account the section 3(2) of the Medical Termination of Pregnancy Act.
Read moreBodily Integrity, Autonomy || Madhya Pradesh High Court (Jabalpur Bench)
1 Judge
Decision Date - 29.06.2022
Citation - MANU/MP/1535/2022
Case Type - Civil Misc. Writ Petition
Case Status - Disposed
Legal provisions - Article 21, 226 of the Constitution Of India, 1950. S. 2, 3, 5 of the Medical Termination Of Pregnancy Act, 1971. S. 3 of the Scheduled Castes And The Scheduled Tribes (Prevention of Atrocities) Act, 1989
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"In the light of the aforesaid law and judgments, considering age of the girl to be 14 years, trauma and agony which she has suffered and keeping in view the report of medical Board constituted by this Court vide order dated 20.06.2022, this Court is of the opinion that prayer made by the petitioner deserves to be allowed and is accordingly allowed. The case of the petitioner is covered under explanation of sub-section (2) of Section 3 of the Act, 1971."
Read moreTermination of pregnancy of a rape survivor at 22 weeks can be allowed while being mindful of their mental health and socio-economic conditions under section 3(2) of the Medical Termination of Pregnancy Act.
Read moreBodily Integrity || Madhya Pradesh High Court (Jabalpur Bench)
1 Judge
Decision Date - 26.07.2022
Citation- MANU/MP/1947/2022
Case Type - Civil Misc. Writ Petition
Case Status - Dismissed
Legal provisions - Order XXVI Rule 10 (A) of the Code of Civil Procedure, 1908. Article 227 of the Constitution Of India, 1950
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"DNA is unique to an individual (barring twins) and can be used to identify a person's identity, trace familial linkages or even reveal sensitive health information. Whether a person can be compelled to provide a sample for DNA in such matters can also be answered considering the test of proportionality laid down in the unanimous decision of this Court in K.S. Puttaswamy (Aadhaar-5 J.) v. Union of India [K.S. Puttaswamy (Aadhaar-5 J.) v. Union of India, (2019) 1 SCC 1] , wherein the right to privacy has been declared a constitutionally protected right in India. The Court should therefore examine the proportionality of the legitimate aims being pursued i.e. whether the same are not arbitrary or discriminatory, whether they may have an adverse impact on the person and that they justify the encroachment upon the privacy and personal autonomy of the person, being subjected to the DNA test."
Read moreCompelling individuals to undergo DNA tests is violative of the right to privacy and it can only be allowed if it is proportional to the legitimate aim that is being pursued.
Read moreSurveillance, Search and Seizure, Informational Privacy || Madhya Pradesh High Court (Jabalpur Bench)
1 Judge
Order Date - 03.02.2023
Citation - MANU/MP/0385/2023
Case Type - Misc. Criminal Case
Case Status - Dismissed
Legal Provisions - S. 482 of the Code of Criminal Procedure, 1973 (CrPC); S. 65(B), 132 of the Indian Evidence Act, 1872; S. 302 of the Indian Penal Code, 1860; Article 20, 20(3) of the Constitution of India
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"If a witness is compelled to give his voice sample then the issue of intrusion of his right to privacy would arise and further whether the said right is available to him to an extent of granting immunity from giving voice sample, is another question which needs to be answered."
Read moreThe court made a distinction between the rights of accused persons and witnesses in criminal trials. The court held that unlike an accused person, a witness in a criminal investigation or proceeding cannot be compelled by the court to provide a voice sample, as it would be an invasion of their fundamental right to privacy.
Read moreSurveillance, Search and Seizure, Informational Privacy || Madhya Pradesh High Court (Jabalpur Bench)
1 Judge
Order Date - 03.02.2023
Citation - MANU/MP/0385/2023
Case Type - Misc. Criminal Case
Case Status - Dismissed
Legal Provisions - S. 482 of the Code of Criminal Procedure, 1973 (CrPC); S. 65(B), 132 of the Indian Evidence Act, 1872; S. 302 of the Indian Penal Code, 1860; Article 20, 20(3) of the Constitution of India
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"If a witness is compelled to give his voice sample then the issue of intrusion of his right to privacy would arise and further whether the said right is available to him to an extent of granting immunity from giving voice sample, is another question which needs to be answered."
Read moreThe court made a distinction between the rights of accused persons and witnesses in criminal trials. The court held that unlike an accused person, a witness in a criminal investigation or proceeding cannot be compelled by the court to provide a voice sample, as it would be an invasion of their fundamental right to privacy.
Read moreBodily Integrity || Madhya Pradesh High Court (Jabalpur Bench)
1 Judge
Decision Date - 06.02.2023
Citation - 2023 SCC OnLine MP 596
Case Type - Second Appeal
Case Status - Dismissed
Legal Provisions - S. 112 of the Indian Evidence Act, 1872
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"Direction for conducting a DNA test should not be given in a very light manner and should be directed only when a very strong prima facie case is made out pointing out an eminent need for the same. Conducting a DNA test is also violative of privacy of a person. Unless and until the Court comes to a conclusion that without DNA test, it will not be possible for it to come to the truth, the DNA test should not be directed. Under these circumstances, this Court is of the considered opinion that if the First Appellate Court rightly did not direct for holding the DNA test, and therefore, it cannot be said that any illegality was committed by it. Further the legitimacy of children should not be questioned frivolously. Their right to live their lives with dignity has to be maintained."
Read moreDNA tests are an invasion of privacy. Hence, they must be conducted only when required, and when no other evidence can be provided to the court to establish a relationship. Furthermore, DNA tests cannot be conducted to frivolously question the legitimacy of children. A child's right to privacy and dignity must be protected.
Read moreBodily Integrity, Autonomy || Madhya Pradesh High Court (Jabalpur Bench)
1 Judge
Decision Date - 22.06.2023
Citation - Misc. Petition No. 1431 of 2019
Case Type - Petition
Case Status - Petition Dismissed
Legal Provisions - Article 227 of the Constitution of India
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"Whether a person can be compelled to provide a sample for DNA in such matters can also be answered considering the test of proportionality laid down in the unanimous decision of this Court in K.S. Puttaswamy (Aadhaar-5 J.) v. Union of India [K.S. Puttaswamy (Aadhaar-5 J.) v. Union of India (2019) 1 SCC 1] , wherein the right to privacy has been declared a constitutionally protected right in India. The Court should therefore examine the proportionality of the legitimate aims being pursued i.e. whether the same are not arbitrary or discriminatory, whether they may have an adverse impact on the person and that they justify the encroachment upon the privacy and personal autonomy of the person, being subjected to the DNA test."
Read moreThe Court re-affirmed the standards established in earlier Supreme Court judgement that in light of the social and cultural implications from a DNA test that could deny parentage rights, compelling a person to provide a sample for DNA test can be an intrusion upon their right to privacy.
Read moreInformational Privacy || Madhya Pradesh High Court (Jabalpur Bench)
1 Judge
Decision Date - 29.08.2023
Citation - Misc. Petition No. 1300 of 2023
Case Type - Miscellaneous Petition
Case Status - Petition Dismissed
Legal Provisions - Section 14 of the Family Court Act, 1984. Article 21 of the Constitution of India
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"...a conversation recorded without the permission of the wife and without her knowledge cannot be used without exposing it to the violation of the right to privacy of the wife and, therefore, impugned order does not call for any interference, petition fails and is hereby dismissed."
Read moreIn cases before the family court, a conversation recorded without the consent of the spouse cannot be used as evidence as it violates the right to privacy.
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.
