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Tamil Nadu

Madurai Bench of Madras HC bins plea for CCTV surveillance of waterbodies, says it will affect privacy

The court said water bodies are traditional resources of the entire village, used for multiple purposes without any gender difference, and thus, serve as semi-private spaces for the villagers.

Jegadeeswari Pandian

MADURAI: Expressing concern that permitting CCTV surveillance in public spaces like water bodies in rural areas would intrude upon the privacy of the villagers, the Madurai Bench of the Madras High Court recently rejected a petition filed by a water users association seeking permission to install CCTV cameras in the tanks, sluices, and other public places in Seerathkudi village in Thirumayam taluk of Pudukkottai.

The president of Seeratha Kanmai, Maanam Periyaan Kanmai and Nanga Kanmai Water Users Association, R Azhagappan, alleged that illegal fishing and sand mining activities were taking place in the village tanks. Merely because there is no enabling provision, the association's request to install CCTV cameras at its own expense for surveillance of the areas should not be refused by the authorities, as it is only for the welfare and maintenance of the tank, he added.

However, the government counsel contended that the tanks are under the control of the Water Resources Department. The petitioner association is only an Ayacut association and does not have any rights over the control or share as claimed by the petitioner, he added.

"In any event, the water body is also used for multiple purposes, including bathing by women. Surveillance in the area is neither necessary nor appropriate," he further said.

Justice D Bharatha Chakravarthy noted that water bodies are traditional resources of the entire village, used for multiple purposes, including bathing, swimming, and other leisure activities without any gender difference, and thus, serve as semi-private spaces for the villagers.

Hence, CCTV surveillance in a sparsely populated rural setting would not be proportionate and is excessively intrusive in the context of a village lake, the judge opined. "Even the state should not indulge in the same unless there is a strong justification.

Apart from proportionality, there is also no enabling provision for the Ayacut Association to become the surveillance authority," he said and rejected the association's plea. But the association can instead lodge complaints regarding the unauthorised fishing and mining activities in the tanks, and the jurisdictional police should take appropriate action on the complaints, he added and disposed of the petition.

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