Authorities in Karnal are surveilling me without cause; is my right to privacy violated?
AN Asked by Anita Desai from India
Quick Answer
The right to privacy is a fundamental right under Article 21, affirmed by the Supreme Court in K.S. Puttaswamy v.
Detailed Legal Analysis
The right to privacy is a fundamental right under Article 21, affirmed by the Supreme Court in K.S. Puttaswamy v.
Union of India (2017). Surveillance without a valid law and a proportionate, legitimate aim violates the tests of legality, necessity and proportionality laid down in Puttaswamy.
File a writ petition under Article 32 in the Supreme Court or Article 226 in the Punjab and Haryana High Court challenging the surveillance and seeking its quashing. The court will examine whether the surveillance was authorised by a valid statute and whether the safeguards against misuse were observed.
Haryana Rent Control Act 1973 on telephone tapping or police surveillance must comply with the Puttaswamy standards, failing which it is unconstitutional. Preserve the evidence of surveillance such as call recordings, RTI replies and any admission by officials, and the court can award compensation if the surveillance was without legal sanction.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.