CCTV cameras near tanks will intrude into people’s privacy: HC

Madurai: Rejecting a plea moved by ayacut association seeking permission to install CCTV cameras near irrigation tanks, sluices and other needy places to prevent illegal fishing and mining activities in Pudukottai district, Madras high court observed that installing cameras would intrude into the privacy of the people using these public spaces.

The court was hearing the petition filed by R Azhagappan, president of the ayacut (water users) association of three irrigation tanks in Seerathakudi village in Thirumayam taluk in the district. He stated that people are indulging in illegal fishing and mining activities in the tanks. His representation seeking permission to install CCTV cameras was rejected by the authorities. Challenging the same, the petitioner moved court seeking relief.

However, the state submitted the tanks are under the control of the water resources department. In any event, the waterbody is also used for multiple purposes, including bathing by women. Surveillance in the area is neither necessary nor appropriate.

Justice D Bharatha Chakravarthy observed that lakes and waterbodies are traditional resources of the entire village, used for multiple purposes, including bathing, swimming, and leisure activities by the people irrespective of gender. The homes of the people are small and the waterbodies traditionally also serve as semi private spaces.

Therefore, CCTV surveillance in a sparsely populated rural setting would not be proportionate and is excessively intrusive in the context of a village waterbody. 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. The prayer sought for by the petitioner cannot be countenanced, the judge observed.

However, the judge granted liberty to the petitioner to lodge specific complaints regarding unauthorised fishing, illegal removal of earth, soil, or any other damage to the waterbodies, upon which prompt action shall be taken by the jurisdictional police and other authorities.