Court upholds right to privacy in Army officers' affair case
What's the story
A Delhi court has upheld the right to privacy of two Army officers, who were allegedly involved in an extramarital affair.
The court rejected a petition seeking CCTV footage from a hotel, where the alleged affair took place.
The petition was filed by a Major in the Indian Army, who accused his wife of cheating with another officer.
Privacy protection
Court emphasizes hotel's duty to protect guest privacy
Civil Judge Vaibhav Pratap Singh stressed on the responsibility of hotels to maintain their guests' confidentiality.
He said, "The right to privacy and to be left alone in a hotel would extend to 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."
The court also questioned if it could force the hotel into releasing footage without involving those allegedly involved in the case.
Reputational risk
Court highlights potential reputational harm from data release
"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.
The judge added that courts aren't investigative bodies for private disputes or evidence-gathering in internal proceedings.
Literary reference
Judge cites literary work to explain fidelity burden
The judge also referred to Graham Greene's novel "The End of the Affair" in his order.
He said, "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."
This was to emphasize that fidelity lies with those who make promises, not with outsiders involved in alleged affairs.
Legal precedent
Court refers to Supreme Court's stance on adultery
The judge also referred to a landmark Supreme Court verdict on adultery.
In the 2018 Joseph Shine vs Union of India case, the apex court had rejected the idea that a man could "steal" another man's wife.
The judge said this was a "dated idea" and dehumanizes women.
He also pointed out that even Parliament had repealed the adultery law while enacting Bharatiya Nyaya Sanhita (BNS).