Toddy Shops Often Invade Privacy Of Residents In Neighbourhood: Kerala HC To Examine [Read Order]

The Kerala High Court has observed that toddy shops often invade the right of privacy of the residents in its neighbourhood.

Justice A. Muhamed Mustaque observed thus while considering a petition filed by a woman, Vilasini, who complained of nuisances in her residential area due to a toddy shop near her residence.  

In her petition, she submitted that the toddy shop is set up in a residential area, where women and children are always on the move and that the presence of drunkards around almost all the time of the day is creating a circumstance, whereby, the right to peaceful living of the people in the locality is adversely affected. She further stated that drunken men use abusive words against women and children who pass by the toddy shop, which is near a bus stop.

The court observed that many petitions are being filed by persons aggrieved by functioning of a toddy shop in their neighbourhood and there are petitions on the ground that toddy shops are set up without adhering to prescribed distance rules. The underlying concern in all these petitions was protection of their privacy, the court said.

The judge noted that the Right to Privacy was not treated as guaranteed fundamental right till the declaration in K.S. Puttuswami V. Union of India and therefore the 'larger issue' needs to be considered. The court said:

"The operation of the toddy shop often would invade the right of neighbors. The environment around such toddy shop itself would create nuisance to the people living in the locality..

..If toddy shop is not constructed or established in such a manner, protecting the privacy of the people living in such locality, it would amount to the encroachment of fundamental rights of the citizen. The State has to specify the conditions that are required to conduct a toddy shop causing least inconvenience to the people living in the locality."

The Court appointed Advocates RT Pradeep and Ashok Kini M. to assist it in the case.

On 24th August 2016, the Supreme Court of India held that right to privacy is a Fundamental Right and it is protected under Article 21 of the Constitution of India. In a unanimous decision the Nine -Judge Constitution bench overruled the Judgments in MP Sharma and Kharak Singh cases.

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