Gobind v State of Madhya Pradesh

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The case of Gobind v State of Madhya Pradesh (AIR 1975 SC 1378, (1975) 2 SCC 148) is a landmark judgement in Indian constitutional law concerning the right to privacy. This case marked one of the earliest discussions by the Supreme Court of India on privacy under Articles 19(1)(d) and 21 of the Indian Constitution, particularly in the context of police surveillance. 

A three-judge bench comprising Justice K.R. Mathew, Justice V.R. Krishnaiyer, and Justice P.K. Goswami presided over the matter, delivering a nuanced ruling that balanced individual rights and state interests.

Background and Facts of Gobind v State of Madhya Pradesh

The petitioner, Gobind, was a resident of Madhya Pradesh with a criminal history spanning the years 1960 to 1969. He had been convicted in two cases: one for trespass, for which he served two months’ imprisonment, and another for housebreaking, resulting in a one-month sentence. Based on his criminal record, Gobind was classified as a habitual offender, leading to his inclusion in the surveillance register under Regulations 855 and 856 of the Madhya Pradesh Police Regulations.

Regulation 855 authorised police surveillance of individuals suspected of criminal activities, even in the absence of a conviction. Regulation 856 outlined measures for such surveillance, including periodic inquiries, domiciliary visits, and monitoring movements. Gobind alleged that these actions violated his fundamental rights under Articles 19(1)(d) (freedom of movement) and 21 (right to life and personal liberty). He contended that the regulations lacked statutory backing and were arbitrary, infringing upon his implied right to privacy.

Legal Issues

The issues raised in Gobind versus State of Madhya Pradesh were:

  • Statutory Backing: Do Regulations 855 and 856 have the necessary statutory authority under Section 46(2)(c) of the Police Act, 1961?
  • Constitutional Validity: Do the regulations infringe upon the fundamental rights guaranteed under Articles 19(1)(d) and 21 of the Constitution?
  • Scope of Privacy: Is the right to privacy a fundamental right under the Constitution, and if so, can it be restricted?

Arguments by the Petitioner

  • The regulations lacked statutory authority as Section 46(2)(c) of the Police Act permitted the framing of rules only to give effect to provisions of the Act. The petitioner argued that the impugned regulations went beyond this scope.
  • Surveillance measures, including domiciliary visits, violated his fundamental rights under Articles 19(1)(d) and 21, constituting an unreasonable restriction on his freedom of movement and personal liberty.
  • Gobind maintained that being labelled a habitual offender was unjust, as most cases against him were allegedly false and he had been acquitted in all but two.

Arguments by the State

  • The State argued that the petitioner’s criminal history demonstrated an intention to lead a life of crime, justifying his inclusion in the surveillance register.
  • Surveillance was essential for public safety, and the regulations were necessary to prevent further criminal activities.
  • The regulations were framed in accordance with Section 46(2)(c) of the Police Act and were therefore legally valid.

Gobind v State of Madhya Pradesh Judgement 

The Supreme Court in Gobind v State of Madhya Pradesh dismissed the petitioner’s arguments and upheld the validity of Regulations 855 and 856. The Court’s ruling included the following key observations:

  • Statutory Backing: The Court held that Regulations 855 and 856 were consistent with the objectives of the Police Act, 1961. Section 46(2)(c) permitted the creation of rules to prevent crime, and the regulations aligned with this purpose by authorising surveillance to deter criminal activity.
  • Right to Privacy: The Court in Gobind vs State of Madhya Pradesh acknowledged the implied right to privacy under Articles 19(1)(d) and 21 but emphasised that it is not absolute. Privacy rights could be restricted if the law satisfied the compelling state interest test. This test required that the state’s interest in restricting privacy be paramount and the restriction be proportionate to the need. The Court cited global precedents, including Griswold v. Connecticut and Roe v. Wade from the U.S., which recognised privacy as an essential aspect of liberty but subject to reasonable restrictions.
  • Constitutional Validity of Domiciliary Visits: The Court held that domiciliary visits did not automatically constitute an unreasonable restriction on privacy. However, their application must be limited to individuals who posed a genuine threat to public safety. It emphasised that the regulations must be applied with caution and narrowly interpreted to prevent abuse.
  • Balancing Individual and State Interests: The Court underscored the importance of balancing individual freedoms with the state’s duty to maintain law and order. The compelling state interest in preventing crime justified the restrictions imposed by the regulations. The Court noted that privacy-dignity claims should only be overridden when there is a superior countervailing interest, such as public safety.

Conclusion 

The Supreme Court’s judgement in Gobind v State of Madhya Pradesh was a pioneering effort to address privacy within the constitutional framework of India. By acknowledging privacy as an implied right under Articles 19 and 21 and introducing the compelling state interest test, the Court struck a balance between individual freedoms and public safety. The decision’s emphasis on caution and proportionality in surveillance measures continues to resonate in contemporary privacy jurisprudence, making it a landmark case in the evolution of constitutional law in India.


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