- LAWS IN INDIA: No Street Photography Laws in India. No express bar or express permission on taking photographs.
While Freedom of Speech and Expression of the photographer is protected in Article 19, the Right to Privacy of the person being photographed is protected under Article 21 of the Constitution of India. Publishing a photo which makes the person "embarassing, mentally traumatic" or "causing a sense of insecurity about the activities the person in the photograph is involved in" is illegal under Article 21 as it is breaching the right to privacy.
- WHETHER ALLOWED OR NOT ? Allowed in public places, unless expressly barred by any express sign board mentioning no photographs of videographs (Examples of places that bar photography - Sanctum Sanctorum of Temples).
- CONSENT OF PERSON BEING PHOTOGRAPHED: If privacy is infringed, it may result in an offence under IPC (generally) or S.509, IPC, provisions of IT Act, 2000, Eve Teasing Laws (if women are the subject matter). An incident happened in 2018 where a journalist was suspended for non consensual clicking of photos of a woman in Commercial Street, Bangalore.
Hence, its always better to seek consent before taking photograph.
- MODE OF PHOTOGRAPHY: Social mindset is that people with tripods and cameras take professional / amateur photos while those with cellphones are stalking. Hence, a prudent decision has to be made.
However if a tripod is set up right in between the road, it may amount to obstruction of pathway and result in public nuisance.
Also, usage of drones requires prior permission from the Commissionerate/Police Department.
COPYRIGHT: As per the Copyright Act, photography is an artistic work and is eligible for copyright protection for 60 years. Measures to be taken to ensure there is no infringement of Copyright.
Once posted into social media and once available on web it becomes hard to assert copyright claims.
- SUIT FOR DEFAMATION POSSIBLE:
A person can sue the photographer under DEFAMATION , if
• the photographer takes photos for commercial purposes ( to earn revenue)
• when a person thinks that the taken photograph is wrong.
- CONCLUSION:
The motive behind taking photographs should not be ulterior. Recently, an RTI query was raised by a Mumbai-based photographer, as to whether India has laws prohibiting photographs in public. The answer given was NO.
Though taking photographs of anyone in public is not illegal, it is a violation of one's right to privacy. It will be considered as legal once the permission from the concerned person is taken.
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