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‘Absolute abuse of power’: Madras High Court quashes order to collect ‘stigmatic’ data from students

Madras High Court news: Madras High Court dismissed school order contrary to the landmark judgment of K S Puttaswamy v Union of India.

Madras High CourtThe sensitive information sought to be collected is absolutely in violation of privacy, the court said. (Image is generated using AI)

The Madras High Court news: Observing that it is an absolute abuse of power to demoralise the students, who have stigmatic background, the Madras High Court recently quashed the order passed by the Tamil Nadu Education Department gathering sensitive data of students.

A bench of Justices G Jayachandran and K K Ramakrishan was hearing the plea of a man who challenged the constitutionality of an order passed by the education department concerned and urged them to reconsider the criteria for collecting confidential data of the students.

“The privacy is not lost or surrendered merely because the individual is in a public place. Privacy is attached to the person, since it is an essential facet of the dignity of the human being,” the court said on January 5.

The privacy protects “heterogeneity” and the “plurality and diversity” of our culture.

A school run by the government, targeting students from the vulnerable section, is clear discrimination and ill-treatment towards the students with a stigmatised background, the court held.

 

Madras High Court Privacy also connotes a right to be left alone, the court held. (Image is enhanced using AI)

‘Absolute abuse of power’

  • The order passed by the school authority is an abuse of power to demoralise students who have stigmatic backgorund.
  • It is not explained what special attention the state is going to show to the students while justifying the order.
  • The information they are collecting is very sensitive, and the manner of collection trespasses on the privacy of the young students.
  • The school claims that, as parens patriae (Parent of the nation), they need to record this information.
  • The teachers are collecting the data and forwarding it through the Education Management Information Systems (EMIS) website.
  • The sensitive information sought to be collected is absolutely in violation of privacy.
  • Information collected from students is clear discrimination and ill-treatment of the students.
  • The violation of privacy and discrimination against the students is contrary to the judgment of K S Puttaswamy and another v Union of India.
  • Privacy includes the preservation of personal intimacies, the sanctity of family life, the home and sexual orientation.
  • Privacy also connotes a right to be left alone.

‘Stigmatic background check’

  • On September, 4, 2025, the member secretary of a school in Tamil Nadu allegedly sought to collect sensitive data from a vulnerable section of students.
  • The order indicated that the information was required to show some special attention to the students suffering from some specific stigmas.
  • The sensitive data for collection under the order allegedly included questions like their refugee background status, gender non-conformity issues, caste status, students in conflict with the law, students with single parents or no parents, and if they were wards of sanitary workers, etc.
  • A Public Interest Litigation (PIL) was filed by a man against the order passed by the school.
  • Consequently, a counter-affidavit was filed by the state against the PIL, justifying the reasons for collecting data.

Conclusion

  • The privacy safeguards an individual’s autonomy by recognising their ability to control vital aspects of life.
  • While the legitimate expectation of privacy may vary from the private to the public arenas, it is never lost.
  • Privacy protects heterogeneity and recognises the plurality and diversity of our culture, and such sensitive information collected from students by government-run schools is clear discrimination and ill-treatment.
  • In reference to K S Puttaswamy v Union of India, privacy is a constitutionally protected right under Article 21 of the Constitution of India, and the order infringed the student’s fundamental right to privacy, the court said on January 5.

Somya Panwar works with the Legal Desk at The Indian Express, where she covers the various High Courts across the country and the Supreme Court of India. Her writing is driven by a deep interest in how law influences society, particularly in areas of gender, feminism, and women’s rights. She is especially drawn to stories that examine questions of equality, autonomy, and social justice through the lens of the courts. Her work aims to make complex legal developments accessible, contextual, and relevant to everyday readers, with a focus on explaining what court decisions mean beyond legal jargon and how they shape public life. Alongside reporting, she manages the social media presence for Indian Express Legal, where she designs and curates posts using her understanding of digital trends, audience behaviour, and visual communication. Combining legal insight with strategic content design, she works on building engagement and expanding the desk’s digital reach. Somya holds a B.A. LL.B and a Master’s degree in Journalism. Before moving fully into media, she gained experience in litigation and briefly worked in corporate, giving her reporting a strong foundation. ... Read More

 

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