Privacy Vs Proof: Supreme Court Verdict On Secret Recordings Reshapes Marital Disputes

News18

6 days ago

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While some in the legal fraternity acknowledged the court's attempts to build safeguards, others stressed that it cuts deep into the sanctity of marriage
In a judgment that might make couples think twice before whispering secrets at home, the Supreme Court has ruled that secret recordings between spouses can be used as evidence in matrimonial disputes.
The landmark verdict has sent ripples through legal and social circles, with some hailing it as a win for justice and others warning it could turn marriages into surveillance zones.
Advocate Amish Aggarwala, a specialist in law relating to marital disputes, welcomed the decision, saying it clarifies murky interpretations of privacy rights and spousal privilege. 'Right to privacy is protection against the State, not against individuals," he asserted, emphasising that Section 122 of the Indian Evidence Act—often used to withhold spousal testimony—is merely an exception, not a blanket shield.
Adding her voice to the chorus of support, advocate Tarini K Nayak called the decision 'valid and timely". She argued that the judgment does not violate individual privacy since the use of recordings is confined to legal proceedings and subject to judicial scrutiny. 'Privacy must be balanced with accountability. The court has ensured that the interests of justice are prioritised without turning the bedroom into a courtroom by default," Nayak said.
But not everyone is convinced that this legal precedent is marital bliss. Advocate-on-Record Tanya Srivastava warned that it opens a Pandora's box in already delicate matrimonial cases.
'It's a dangerous precedent. I've seen clients provoke their partners just to capture them at their worst. You can't always tell what's real and what's weaponised in such recordings," she cautioned.
On the other hand, Advocate-on-Record Bhaskar Aditya believes the ruling is in sync with the times, citing the rise in failed marriages and marital discord. 'When relationships break down, the right to a fair trial shouldn't," he said, calling the ruling consistent with Article 21 of the Constitution, which guarantees the right to life and liberty—including a fair trial.
As India grapples with evolving definitions of privacy, marriage, and justice, this ruling raises a crucial—and quirky—question: In the age of smartphones and secret mics, is love still blind… or just being quietly recorded?
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