By Isha Sharma and Anuradha Gandhi
In a significant legal pronouncement, the Chhattisgarh High Court presided over by Hon’ble Shri Justice Rakesh Mohan Pandey has unequivocally affirmed that the act of unauthorized phone recordings with individuals, without their knowledge and consent, infringes upon their fundamental right to privacy, as enshrined in Article 21 of the Constitution of India. This ruling serves as a milestone in the ongoing discourse surrounding privacy rights and digital communication.
Right to Privacy
Article 21 of the Indian Constitution, often regarded as the bedrock of individual freedoms, safeguards the right to life and personal liberty. In a broader interpretation, this constitutional provision encompasses the right to privacy, which has gained paramount importance in the digital age. The right to privacy ensures that individuals have control over their personal information and activities, especially in the realm of modern communication.
The Context of the Case
The Chhattisgarh High Court’s judgment emerged from a case where the privacy of individuals was significantly compromised by unauthorized recordings of their phone conversations. In today’s interconnected world, where smartphones are omnipresent and communication increasingly relies on digital platforms, ensuring the sanctity of private conversations has become a paramount concern.
It all began when the wife initiated proceedings by filing a maintenance plea before a Family Court under Section 125 of the Criminal Procedure Code (CrPC). In the course of these legal proceedings, the husband moved an application under Section 311 of the CrPC along with certificate under Section 65-B of the Indian Evidence Act for re-examination of his wife on the ground that certain conversation was recorded on the mobile phone. 
The husband’s intention behind presenting these recorded conversation was to cross examine his wife based on the content of these recordings and have admitted them as evidence within the Family Court proceedings. The Family Court allowed the husband’s application, permitting the use of these recorded conversations as evidence.
Aggrieved by the Family Court’s order, the wife initiated a legal action in the High Court, seeking to challenge and overturn the Family Court’s ruling in an effort to protect her interests and rights within the ongoing legal dispute.
Submissions of the Wife:
Learned counsel for the wife contented that the Family Court had committed an error of law by allowing the application as it infringes the right of privacy of the wife as the conversation was recorded by the husband without her knowledge. Hence, the same cannot be used against her.
Submissions of the Husband:
On the other hand, the learned counsel for the husband argued that the husband’s intention was to present specific evidence that would substantiate certain allegations against his wife. It was emphasized that the husband possessed the right to confront his wife with the recorded conversations from his mobile phone. In light of these considerations, the Family Court had rightly permitted the application, and it had not committed any legal errors in doing so.
Judgment: Protecting Privacy Rights
The Hon’ble High Court remained unconvinced by the husband’s submissions in the case and relied on number of judgments including the Supreme Court judgment in the matter of People’s Union for Civil Liberties v. Union of India wherein it was held that:
“The right to privacy-by-itself- has not been identified under the Constitution. As a concept it may be too broad and moralistic to define it judicially. Whether right to privacy can be claimed or has been infringed in a given case would depend on the facts of the said case. But the right to hold a telephone conversation in the privacy of ones home or office without interference can certainly be claimed as “right to privacy”. Conversations on the telephone are often of an intimate and confidential character. Telephone conversation is a part of modern mans life. It is considered so important that more and more people are carrying mobile telephone instruments in their pockets. Telephone conversation is an important facet of a mans private life. Right to privacy would certainly include telephone-conversation in the privacy of ones home or office. Telephone-tapping would, thus, infract Article 21 of the Constitution of India unless it is permitted under the procedure established by law.”
Based on the relevant legal precedents, the High Court firmly affirmed that the husband’s act of recording his wife conversations, without her knowledge or consent, constituted a blatant violation of her fundamental right to privacy. Furthermore, it was emphasized that this conduct infringed upon the wife’s rights protected under Article 21 of the Constitution of India.
Consequently, the court, in its judgment, nullified the family court’s order, deeming it erroneous in permitting the husband’s application. By doing so, the court underscored the significance of upholding the right to privacy, especially in the context of personal communication, and reiterates that and individuals’ privacy must be safeguarded and respected.
The court’s assertion that recording phone conversations without consent infringes upon the right to privacy has profound implications. It signifies that individuals should have the reasonable expectation that their conversations are confidential and secure, and they should not be subjected to undue intrusion into their private communications.
This judgment not only reaffirms the importance of privacy rights but also reinforces the principles enshrined in the Indian Constitution.
In conclusion, the Chhattisgarh High Court’s verdict is a significant step forward in recognizing and protecting the right to privacy in the digital age. This landmark decision reaffirms that privacy is not merely a fundamental right but also a cornerstone of a modern, democratic society that values individual freedoms and liberties.