Supreme Court Affirms Calcutta HC View That CCTV Can't Be Installed In Home Without Consent Of All Occupants

On May 9, the Supreme Court declined to overturn the Calcutta High Court’s ruling that CCTV cameras cannot be installed inside a home without the consent of all residents. A bench of Justices Dipankar Datta and Manmohan dismissed the Special Leave Petition challenging the High Court’s decision. The case involved a dispute between two brothers, where one opposed the other’s plan to install CCTV cameras in their shared residence. The cameras were intended to monitor valuable collections and safeguard unique antiques and expensive property within the home.

The High Court ruled that installing CCTV cameras inside a residential space without the approval of co-occupants or co-trustees violates their right to privacy. A division bench comprising Justices Sabyasachi Bhattacharya and Uday Kumar referred to the Supreme Court’s unanimous verdict in Justice K.S. Puttaswamy (Retd.) and Anr. vs Union of India, AIR 2017 SC 4161, which affirmed that the right to privacy is a fundamental right under Article 21 of the Constitution, encompassing dignity, autonomy, and identity. They emphasized that this right safeguards an individual’s private sphere and must be respected under all circumstances.

Accordingly, the High Court held that installing and operating CCTV cameras in the residential part of a dwelling without the consent of co-occupants amounts to an infringement on the right to freely enjoy property and violates the individual’s privacy. As a result, the court ordered the removal of five CCTV cameras installed inside the home, as they encroached upon the appellant’s rights to property and personal dignity.

Case title: Indranil Mullick & Ors. vs. Shuvendra Mullick | SLP(c) 12384/2025