In Sivasankaran @ Sankaran Kutty v. State of Kerala [2025:KER:85261], the High Court of Kerala observed that CCTVs installed in a private residence for the safety and security of its occupants cannot be ordered to be removed based on a neighbor’s Right to Privacy, unless it is proven that the cameras are being used for snooping.
The Court noted that both the Right to Privacy and the Right to Security are fundamental rights derived from the Right to Life under Article 21 of the Constitution of India.
When these two rights conflicts, they must be balanced using the test of proportionality. It is a legal principle that ensures a balance between a chosen action (the means) and the goal it aims to achieve (the end). In simple language, it asks: “Does the punishment fit the crime?” or “Is the government using a steam hammer to crack a nut when a nutcracker would suffice?”.
Relying on the judgement in Agnes Michael v. Cheranalloor Grama Panchayat [2023 KHC Online 9014], the High Court added that under the guise of installing cameras for security reasons, individuals should not be permitted to stoop into the affairs of the neighbours and the State Police Chief, in consultation with the State Government, should bring out guidelines to deal with the conflicting rights of privacy and security.
