threat by neighbour
3 years ago
I am a lady staying with family of 3 me, my husband and daughter. My adamant neighbour is also a lady staying as famiy of 4, her husband with 2 kids. We both reside on rent in hyderabad. She is telegu and i am from north india. My bedrooms window open just near to her main door. Right from the begning she kept shoe rack beneath my window and one inverter too. Everytime i open the window my hands touches that dirty rack. I intervene once but she keep on putting and removing dirty things like dustbin, garbage etc. beneath my window. My landlord also interefere once but she didnot changed. One day we had a good fight as she falsely blamed my 10 yr. old daughter for putting water on her interveter. I answered back her by saying that her son plays with other kids and they broke my things like cloth hanger etc. in front of my door which is true. Since that day she placed a camera opposite to my window and started shouting in abusive lanuage to me talking nonsense about my family like me, my husband and daughter do dirty things at night with an open window which is not true atall. Everytime she see my window open she shouts the same way. Threaten me to collect evidences against me(dont know which evidences), will go to the police and layweres . She gathered people from society and complained to seceratory, shouted a lot but nothing happened. Well my question is can i impose some charges against her like defamation charges. She shouts and threaten me everytime she sees my window open and talk nonsense. Moreover i also want to know can i impose my privacy breaching charges on her as she placed a camera opposite to my window which i can clearly see when i open and close my wndow. Not even a single day she left without talking nonsense. My mental piece is totally distured. I want to know my rights against her. Pls. suggest.
Ayantika Mondal @ Prime Legal
Responded 3 years ago
You can file a case against your neighbors u/s 294 and 503 of the IPC for the offences of threatening you and your family and also for mentally harassing you in the public by uttering obscene words. Right to privacy and confidentiality is recognized under Indian tort laws, according to which you can file a suit for installing camera in front of your door and invading in your and your family's privacy.
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A suit can be filed against your neighbor u/s 503 of the Indian Penal Code for threatening you and your family. Provisions relating to privacy; include the Information Technology Act, the Indian Penal Code, and the Juvenile Justice Act. In addition to this, the right to privacy is also recognized under tort law. The Supreme Court has ruled in no uncertain terms that ‘nobody can publish anything regarding the private matters of a citizen including his/her family, marriage, procreation, motherhood, child-bearing and education without his/her consent. The publication of private information without the consent of the person to whom it pertains would amount to a violation of the person's right to privacy and would lead to liability in an action for damages.
A suit can be filed u/s 294 of the IPC for uttering obscene words in public against your neighbor.
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