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SIt’s the legislature that makes laws and the police that enforces them. Put down the weed and read a book maybe.SNo, you’re wrong. Crimes have two parts, the act and the intention.
In the scenario that you’re mentioning, the intention is not to violate the privacy or the modesty of the offending woman. It is to report a crime/provide evidence, et al.
Consent is taken into account where privay laws are violated. Not where a surveillance footage is used to document a crime.
The parallel you’re drawing is untenable because the scenarios in question are wildly different.
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**Disclaimer: The information provided above does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available are strictly for general informational purposes only and create no liability on the provider of said information. Readers should contact their attorney to obtain advice with respect to any particular legal matter.**
SPractising advocate here:My answer is geared towards the provisions as under Indian law. Your spouse has no legal right over the property that you own, whether it is acquired before or after marriage. But if a divorce takes place, settlements can involve transfer of property in order to resolve the matrimonial dispute. This has been known to happen and is fairly commonplace.
Marry outside, get a prenup drawn, and whatever happens do not pursue a matrimonial case in India. Here, your prenup will have no legal weight and you’re more likely to get arsefucked if shit goes sideways.
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**Disclaimer: The information provided above does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available are strictly for general informational purposes only and create no liability on the provider of said information. Readers should contact their attorney to obtain advice with respect to any particular legal matter.**
SLike I said, rights come with liabilities. Freedom of expression cannot exist in a vacuum, and to an extent where the rights of others are violated.It’s like the old adage goes: your rights end where my nose begins.
Imagine a scenario where these young men make a video where only they’re involved. Such a video shouldn’t violate any laws.
But if such recordings involve other individuals, who also have rights, which is the case here, then the law should drop on them like a proverbial ton of bricks.
An example of such a law being used in an authoritarian manner would be this Ranveer Allahabadia issue. But to equate that scenario with this is a stretch and a half.
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**Disclaimer: The information provided above does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available are strictly for general informational purposes only and create no liability on the provider of said information. Readers should contact their attorney to obtain advice with respect to any particular legal matter.**
SIncorrect. We have specific laws that protect individuals from having their videos/photos getting shared online without their consent. Just because it is a public space doesn’t mean that it is a lawless land. Rules apply there as well.The law is a bit nuanced, but this particular instance is a violation of the same.
Whether it is authoritarian or not is an entirely different issue. I personally think it is not. Rights go hand in hand with liabilities, and under no circumstances should people like the ones in this scenario should go unpunished.
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**Disclaimer: The information provided above does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available are strictly for general informational purposes only and create no liability on the provider of said information. Readers should contact their attorney to obtain advice with respect to any particular legal matter.**
SPractising advocate here:Don’t sign anything. Tell them that you’re going to get the documents looked at. For you to sign any documents based on a mere allegation is senseless and you have every right to take an informed decision.
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**Disclaimer: The information provided above does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available are strictly for general informational purposes only and create no liability on the provider of said information. Readers should contact their attorney to obtain advice with respect to any particular legal matter.**
SPractising advocate here:You have a legal recourse in this matter.
Firstly, send the people who recorded you as well as their management company a legal notice asking them to take down the video.
Secondly, approach the police and file a complaint against them. The grounds for the complaint would include sexual harassment, outraging the modesty of a woman and violation of her privacy by sharing her video without her consent.
Thirdly, file a cyber crime complaint against them along similar lines.
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**Disclaimer: The information provided above does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available are strictly for general informational purposes only and create no liability on the provider of said information. Readers should contact their attorney to obtain advice with respect to any particular legal matter.**
SPractising advocate here:Nope.
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**Disclaimer: The information provided above does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available are strictly for general informational purposes only and create no liability on the provider of said information. Readers should contact their attorney to obtain advice with respect to any particular legal matter.**
SPractising advocate here:The answer to your issue is a bit nuanced, so please bear with me.
Unfortunately, you’re kinda in the wrong here when it comes to what you did. Basic moral decency dictates that making a video of the door of a stranger is not something that is gonna fly this easily. It is a security issue in my opinion, and a privacy issue too. If a random stranger came to my door and started taking photos of my door without my knowledge or consent, I’d have an issue with it too.
That being said, you made a mistake, and you apologised, and that should have been that. Mistakes happen. I am not going to deem you a criminal for making a mistake. This whole thing was a misunderstanding.
Now, your neighbour has a right to install a CCTV for her security, but this right does not extend to her sharing recordings on any fora such as a WhatsApp chat for clout. This is a violation of your privacy and there are laws that protect you against this.
In my opinion, her sharing your video falls directly under ‘misuse’ of a CCTV recording device installed for security purposes. Having a CCTV doesn’t mean that the owner has a right to display whatever the CCTV records. Now, I am using the word *opinion* here because the law in this issue is very vague and unsettled. If you file a case, it will probably be the first of its kind, despite their being laws surrounding it.
You can send your neighbour a legal notice to take down the videos. You can also pursue this further in the court of law if she refuses to comply. However, my advice is that you should let this go. Your neighbour is clearly an attention seeker and this entire issue is not worth the court kachehri ke chakkar.
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**Disclaimer: The information provided above does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available are strictly for general informational purposes only and create no liability on the provider of said information. Readers should contact their attorney to obtain advice with respect to any particular legal matter.**
Snot a single case has been filed under this law so far. If OP does it, it’ll be quite the precedent maker.SPractising advocate here:getting the documents reviewed is the prerogative of the bank, not yours. The lawyer was engaged by the bank, not you. There is absolutely no reason for you to pay this guy.
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**Disclaimer: The information provided above does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available are strictly for general informational purposes only and create no liability on the provider of said information. Readers should contact their attorney to obtain advice with respect to any particular legal matter.**
