Says Prakash Singh, former DGP, Uttar Pradesh: “Surveillance is a must but at the same time right to privacy should be respected. The powers given to law enforcement agencies should not be misused to bully, blackmail or harass people. Also, the government should not use them against political opponents. Only when criminal elements threaten national security, should such powers be exercised”.
According to R Srikumar, former Karnataka DGP and currently, commissioner in the Central Vigilance Commission, “Interception is required when the state has to deal with individuals posing threats to public order. With an ever-increasing number of persons having access to modern technologies, enforcement agencies have to be adequately equipped to cope with emerging situations”.
But K S Subramanian, former director of the research and policy division in the Union home ministry, is strongly critical of the present laws governing policing. “The Police Act, the Indian Penal Code and Criminal Procedure Code are all colonial legislations and do not have anything to do with independent India’s constitution. The spirit of the colonial legislations is being carried forward by the proposed amendments to carry out increased interceptions.”
However, Srikumar maintains that several times severe threats to the country have been contained by legal interception of communication between individuals. “Governments all over the world have legislated to curb privacy rights when the State has felt threatened by some individual's acts. In India too, legal interception under strict procedural safeguards has remained in the statute books for a long time.”
Asked if the proposals for increased snooping is justified, Srikumar says, “Safeguards and provisions in these laws (which allow interception) need to be reviewed periodically to ensure they are in tune with the changing situations. With rapid changes in technology, there is also a need to upgrade lawful interception mechanisms to bring in real time monitoring capabilities”.
The former DGP emphasises that safeguards should rein in illegal interceptions as well. “Technology makes it possible for private players also to intercept communication not sanctioned by law. Service providers can access data including emails, attachments and voice mails, more easily than ever before, without the knowledge and permission of the affected individual. It is therefore necessary that by periodic review of laws, safeguards are brought on par with best practices available elsewhere in the world.”
Snooping set to soar soon