Digital Surveillance and Civil Liberties in India

Abstract

This paper examines the evolving landscape of digital surveillance within India's legal framework and its implications for civil liberties. Following the landmark Puttaswamy judgment recognizing privacy as a fundamental right, India faces the challenge of balancing national security imperatives with constitutional protections. The study analyzes key legislative instruments including the Information Technology Act, 2000 and the Telegraph Act, 1885. Through critical examination of judicial pronouncements and statutory provisions, this paper identifies significant gaps in regulatory oversight, procedural safeguards, and transparency mechanisms. The analysis reveals tensions between state surveillance powers and citizens' rights to privacy, free speech, and due process. This research contributes to understanding how colonial-era legal frameworks intersect with contemporary digital realities, offering insights into the urgent need for comprehensive reform that reconciles security concerns with fundamental rights protection in India's digital age.