Uphold privacy right

Uphold privacy right

Allahabad HC rightly strictures UP government for putting up public posters of riot accused
The Allahabad high court this week delivered an important order to uphold an individual’s fundamental right to privacy, in response to the Lucknow district administration and police putting up public banners with photographs and names of more than 50 people accused, but not convicted, of vandalism during the anti-CAA protests in December. At a time when vigilantism is on the rise and UP itself has an uninspiring record of upholding law and order, the government’s action put these individuals in danger.

The HC took suo motu notice of these banners and sought an explanation. It concluded, rightly, that these banners are an unwarranted interference in the privacy of the affected individuals and constitute a violation of Article 21 of the Constitution. In a balanced verdict, the court held that while the executive is within its rights to act against accused, the step should adhere to the law of proportionality. The UP government, including the police, have been ordered to remove the banners. This is welcome as the state government’s action was reckless and arbitrary.

The verdict drives home the point that government orders cannot sidestep fundamental rights enshrined in the Constitution. By putting up banners in Lucknow and threatening to do so in other towns of the state, the government’s action was an egregious encroachment on the fundamental right to privacy. Hopefully, this verdict will nudge the UP government into acting within the boundaries set by the Constitution. The fundamental right to privacy which is built into Article 21 of the Constitution, was upheld by a landmark Supreme Court verdict in 2017. The Allahabad HC did well to act on its own to uphold this right in face of a violation by the state.