The Supreme Court of India has upheld the Calcutta High Court's ruling that CCTV cameras cannot be installed in a residential property without the consent of all occupants, emphasizing the protection of privacy rights.
A Supreme Court bench comprising Justice Dipankar Datta and Justice Manmohan, on May 9, refused to interfere with the Calcutta High Court's judgment, which had barred the installation of CCTV cameras in a shared residential property without the consent of all its occupants. The Special Leave Petition challenging the High Court's decision was dismissed.
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Background of the Case
The dispute originated between two brothers who shared a residential property. One of the brothers attempted to install CCTV cameras in the residential area of the property without obtaining consent from the other. The cameras were allegedly intended for safeguarding valuable property, including rare antique pieces stored in the house. However, the other brother opposed the installation, citing concerns over his right to privacy.
The Calcutta High Court, through a division bench of Justices Sabyasachi Bhattacharya and Uday Kumar, ruled that installing CCTV cameras in a shared residential area without the consent of all co-occupants or co-trustees is a clear violation of their right to privacy.
The High Court strongly emphasized the fundamental right to privacy, referencing the landmark Supreme Court judgment in Justice K.S. Puttaswamy (Retd.) and Anr. vs. Union of India, AIR 2017 SC 4161, where the right to privacy was recognized as an intrinsic part of Article 21 of the Indian Constitution.
"The dignity, autonomy, and identity of an individual shall be respected and cannot be violated in any condition. The right to privacy is fundamental to protect the inner sphere of the individual." — Calcutta High Court
The High Court further clarified that the installation of CCTV cameras without consent not only infringes on privacy rights but also restricts the free enjoyment of property by the co-occupants. It directed the removal of five CCTV cameras that had been installed within the residential portion of the property, stating that their presence violated the appellant's right to privacy and dignity.
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The Supreme Court, upholding the High Court’s judgment, confirmed that the right to privacy of all individuals, as guaranteed under Article 21, must be respected. The bench dismissed the Special Leave Petition, maintaining that the installation of CCTV cameras without consent cannot be justified under any circumstances.
For petitioner: Sr Advs S Niranjan Reddy, Sriram P AOR, Advs Vishnu Shankar, Rahul Jojo, Siddhartha Basu, Aditya Santosh, Nalukettil Anandhu S Nair, Maneesha Sunil
For respondents: Sr Adv Rana Mukherjee AOR, Siddharth, Prateek Goyal, Harshit Manwani
Case : Indranil Mullick & Ors. vs. Shuvendra Mullick | SLP(c) 12384/2025
