Introduction: The Vanishing Right to Privacy
In an era where digital surveillance is rampant, Indians are grappling with a critical question: Does the Fourth Amendment’s ethos—protection against unreasonable searches—exist here? While India lacks a direct equivalent to the U.S. Fourth Amendment, Article 21 of its Constitution guarantees the right to life and personal liberty. Yet, recent government actions suggest this right is under unprecedented threat.
Pegasus Spyware: Surveillance Without Accountability
The Pegasus scandal resurfaced in 2024, with forensic evidence confirming renewed targeting of Indian activists, journalists, and opposition figures. Despite global outrage, the government’s response remains ambiguous, hiding behind “national security” justifications. Key concerns:
– No Transparency: Who authorizes surveillance? Who’s targeted?
– Zero Oversight: No judicial or parliamentary scrutiny of spyware use.
Aadhaar: From Welfare Tool to Surveillance Beast
India’s Aadhaar system, initially pitched for streamlining subsidies, now enables mass tracking. Mandatory linkages to banks, SIM cards, and tax filings have created a centralized database ripe for abuse. Recent breaches (2023) exposed millions’ data, raising alarms:
– Leaks as Routine: Poor safeguards make Aadhaar data vulnerable.
– Function Creep: Expanding uses beyond original intent, like pandemic tracking.
Facial Recognition Tech: Bias and Overreach
Indian police forces deploy facial recognition technology (FRT) in metros, protests, and airports—often without consent or legal backing. Critical flaws:
– Racial/Gender Bias: Studies show higher error rates for women and darker-skinned individuals.
– No Regulation: Absence of laws governing FRT usage or data storage.
Free Speech Under Siege: IT Rules & Internet Shutdowns
Surveillance fuels self-censorship. The IT Rules 2021 allow arbitrary content takedowns, while India leads globally in internet shutdowns. Consequences:
– Journalists Fear Retaliation: Critical reporting declines.
– Public Dissent Deters: Activists face digital harassment.
Fighting Back: How to Protect Your Privacy
While India’s 2023 Data Protection Act is flawed, citizens can take action:
1. Demand Accountability: Pressure lawmakers for surveillance reforms.
2. Adopt Encryption: Use Signal, ProtonMail, or VPNs (where legal).
3. Support Watchdogs: NGOs like the Internet Freedom Foundation challenge overreach in courts.
Conclusion: A Call to Defend Privacy
The Supreme Court’s 2017 Puttaswamy ruling declared privacy a fundamental right, but without enforcement, it’s meaningless. The time to act is now—before India’s surveillance state becomes irreversible.
