The trouble with big brother’s eye in India is that there are no laws that can control or punish any illegal or unconstitutional e-surveillance, phone tapping, etc in India. The outdated and colonial laws are not only deficient but are also going against the provisions of Indian constitution.
There is no doubt that big brother must not overstep the limits prescribed by Indian constitution. Presently, the big brother watches in India without any fear and constitutional concerns.
Civil liberties in India and technological revolution are considered mutually exhaustive in India. Initiatives like surveillance of Internet traffic in India are executed without any procedural safeguards and constitutional rights. E-surveillance in India is presently done with virtually no legal framework. Whatever rules that have been framed in this regard by Indian government, they are clearly violating the constitutional freedoms and rights.
As a matter of fact, civil liberties protection in cyberspace in India have been totally ignored and false claims of national security are raised to suppress civil liberties in India.
According to Praveen Dalal, leading techno legal expert of Asia and managing partner of Perry4Law and CEO of PTLB, Surveillance of Internet Traffic in India is one of the top priorities of Indian Government. Now E-Surveillance is proposed to be expanded to even mobile infrastructure. The cell site location based e-surveillance in India is also in contemplation. Cell site data location laws in India and privacy issues are once again bypassed for this proposal. Even the E-Surveillance Policy of India is missing that can provide some safeguards against Illegal and Unconstitutional E-Surveillance in India, informs Praveen Dalal.
If we analyse projects like Aadhar project of India, central monitoring system project of India, etc it is clear that they are primarily intended to strengthen the e-surveillance capabilities of India without and constitutional safeguards. For long time India has been suppressing civil liberties in India cyberspace and it is high time to question Indian government in this regard.