CCTVs in spas & parlours will hit right to relax: Indian High Court
In this case, the notification issued by the government contemplates installation of CCTV cameras only at the entry and exit points.
Installing CCTV cameras in all spas and massage parlours would infringe on the bodily autonomy of a person as well as his right to relax, said Madras high court, flagging a recent order of another single-judge bench, directing installation of functional CCTV cameras in all spas and massage parlours in Tamil Nadu.
Mere suspicion that immoral activities are taking place in massage centres cannot be reason enough to intrude into an individual’s right to relax for it intrinsically is part and parcel of his fundamental right to privacy, said Justice G R Swaminathan.
Observing that a recent order of a judge directing installation of CCTV cameras in all spas and massage parlours as being contrary to the Supreme Court’s verdict on right to privacy, Justice Swaminathan took a different view and said: “In the first place, unless a legislature mandates by law that CCTV cameras ought to be installed in a certain space, to do so would violate Article 21. In this case, the notification issued by the government contemplates installation of CCTV cameras only at the entry and exit points. It consciously caveats that this would be without prejudice to the individual’s privacy. Thus, the Executive, while enacting subordinate legislation, has been conscious of the privacy concerns of the citizens.”
The judge further observed that a decision to install a CCTV camera, which has a bearing on a person’s privacy requires the most careful of considerations-it requires the government to apply its mind prudently and determine what manner of regulations ought to be put in place for its proper use.
