Wednesday, June 24, 2009

Photographs of Gang Members

This story in Daijiworld, a chatty and informative portal focusing on Karnataka's coastal districts brims with intrigue, mystery, and skullduggery about a plot to kidnap an advocate in Mangalore. What I found most interesting is the group photograph of those arrested. Their faces are masked as if they are about to be extraordinarily renditioned and they are squatting before their captors, who appear to be policemen in plain clothes. I wonder if there is any legal provision or rule that regulates such photographs, even in sensational criminal cases to preserve the integrity of the criminal justice proceedings that might follow?

2 comments:

Talha said...

Though not related to masking, but directly related to photograph is this recent English case.

http://legalift.wordpress.com/2009/05/25/court-rules-in-wood-v-met-that-surveillance-and-retention-of-photographs-of-activists-is-incompatible-with-human-rights-act/

This case relies on Article 8 "respect for privacy" under the European Convention of Human Rights.

I am not too sure the rules and jurisprudence of privacy in India are as nuanced as under the ECHR jurisprudence.

Talha said...

The issue of national unique ID cards is likely to open up Pandora's box for privacy arguments.

Therefore, the questions that need to be formulated in this relation at this juncture have to be wide enough to have specific relevance to debates on National ID Cards.

But this brings to fore the issue that how an important concern such as national ID card just completely missed any major debate.