The court made it clear that the hotel had a duty to protect the privacy and confidentiality of its guests, and that releasing such sensitive data to a third party would be unlawful without proper legal standing.
NEW DELHI: In a recent decision safeguarding the right to privacy, a Delhi court has rejected a petition seeking hotel CCTV footage in a case involving an alleged extramarital affair between two Army officers. The case was filed by a Major in the Indian Army, who claimed that his wife was involved in a romantic relationship with another officer, also holding the rank of Major.
The petitioner requested the hotel to share CCTV footage and booking records, allegedly as proof of the affair. However, the Civil Judge Vaibhav Pratap Singh denied the request, clearly stating that the individuals concerned had the right to privacy in the hotel.
“The right to privacy and to be left alone in a hotel would extend to the common areas as against a third party who was not present there and has no other legally justifiable entitlement to seek the data of the guest. Same would hold good for the booking details,” said Judge Singh.
The court made it clear that the hotel had a duty to protect the privacy and confidentiality of its guests, and that releasing such sensitive data to a third party would be unlawful without proper legal standing.
The court also pointed out that the alleged couple was not even named in the petition. The Judge emphasized that they had a right to be heard, and releasing their private data without their knowledge would go against the principles of natural justice.
“The release of such private information without affording them an opportunity to defend their privacy rights would be a violation of their right to natural justice and even the fundamental right to privacy and could lead to reputational harm,” the court observed.
Judge Singh also highlighted that courts are not meant to function as investigative bodies in private matters. He said they should not be used as a tool to gather evidence for personal or internal disputes, especially when legal remedies exist elsewhere.
“The complainant must avail remedies under the Army Act, 1950 and the extant rules,” he said.
“The court cannot be used to bypass or supplement the internal mechanisms,” the Judge further stated.
In a unique reference, Judge Singh quoted Graham Greene’s famous novel The End of the Affair to explain the responsibility of marital fidelity.
“It is not the lover who has betrayed the marriage, but the one who made the vow and broke it. The outsider was never bound by it,” the court stated.
He also brought attention to the 2018 Supreme Court verdict in the Joseph Shine v. Union of India case, which struck down Section 497 of the Indian Penal Code that criminalised adultery. The top court had ruled that the concept of a man “stealing” another man’s wife’s affection was outdated and disrespectful to women.
“The Supreme Court had rejected the concept that a man could ‘steal’ the affection of another man’s wife, giving the impression that she could not choose who to love.”
“Rejecting what he said was a ‘dated idea’ that a man could steal a woman, where she is not assigned any responsibility, he said that it ‘dehumanises’ women.”
ALSO READ: Right To Privacy: BJP Candidate Rekha Patra Moves to SC & NCW Against TMC Nominee
Finally, Judge Singh also acknowledged the Parliament’s move to decriminalise adultery through the Bharatiya Nyaya Sanhita (BNS), India’s new criminal code.
“This showed that modern-day Bharat has no place for gender condescension and patriarchal notions,” he concluded.
Read Order
