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Ashwini Kumar Pattanayak   30 December 2021

Photographer's right in india

I'm a professional photographer and i shoot on public places of my models. I was shooting in a road in railway colony(Bilaspur Chhattisgarh). One person came and said you can't take pictures in front of out house and said i shall call RPF(Railway Protection Force) then we left the location. What should we do in this type of situation? (P.S: my father is also in railways)


Learning

 4 Replies

N.K.Assumi (Advocate)     30 December 2021

In India all rights are limited in public interest., moral, decency and so on. Read the Classic Judgment of  Supreme Court delivered by Constitutional Bnch of 9 judges in Justice K..S.Puttuswamy Vs UOI 2017..or the Privacy case.

Kawmini Liyanage   30 December 2021

Greetings!

Right to Privacy is a well recognized right in India; even though the law does not prohibit capturing photos in public areas, the source/ subject that is captured can be having the right to privacy. In an instance where, as you mentioned above, if you capture a house that belongs to someone else, a person, it can create conflict regarding their right to privacy. 

Moreover, under Section 147 of the Railways Actwithout prior authorisation no one is allowed to cross or walk along the railway tracks. Therefore, your action can be considered illegal.   

Regards,

Kawmini Liyanage.

 

Isaac Gabriel (Advocate)     30 December 2021

Interfering with the privacy is objjectionable,  much less an offence. You can'nt justify showing any public exigencies.

Sudhir Kumar, Advocate (Advocate)     12 January 2022

you yourself said that the place where you were doing photography was private property of railways.


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