Needs of specific laws pretending to Governmental surveillance in the interest of right to privacy in India

Needs of specific laws pretending to Governmental surveillance in the interest of right to privacy in India

Author – Pranali Chintaman Padwe, student of RTMNU’S Dr. Babasaheb Ambedkar college of law main branch Nagpur

Introduction 

Surveillance basically means having close observance on some. In India all types of surveillance are illegal except governmental surveillance. Government used the several surveillance method for finding of criminals on, who are suspected of crime. In India there are many acts and legislation passed by the parliament like Indian telegraph act 1885 deal with the illegal surveillance. But there is no law for governmental surveillance. Rights to privacy is a fundamental rights grants by the constitution against the state and state cannot infringe this right of any citizen but surveillance by the government violates the right and it has a major chance to violate the right by the government. Governmental institutions generally do surveillance during national events for security purposes. But they do so without a perfect law and order. For giving so government need to implement specific laws for Governmental surveillance in the interest of the right to privacy of Indian citizens. 

Changes which new law brings

1. It will provide an order and instructions for the executors

2. If government do anything wrong during the surveillance the a common man can challenge them before the court

3. New law also provide the parameters of the surveillance so perfect efforts could be taken by executors for perfect cause 

4. It will faster the process and can found the wrong doers with the elegant way 

5. It makes the government answerable to the citizens for their behaviors

Conclusion

Despite of existing laws of surveillance specific laws are need to implement pertaining as it brings a change in method of government and create a responsible government for Governmental surveillance. The existing legislations are not efficient to provide safeguards to personal privacy rights and protect data. Laws are made for the benefit of individual and if they affect the right of individual then it is not a picture of good governance this same way happening in case of governmental surveillance and that’s why new and specific laws are implemented to safeguard person’s privacy rights and protection of data of individuals. 

Suggestions 

Equal applicability: India is a country where equality stands before the law and must protect them equally. The new law for governmental surveillance should be applied equally on all the citizens whether it is common man, politician or any other citizens of India 

Data protection: while taking the information of person, the personal information must be secure from external theft, for this government have to use a better method

Prompt execution: The law should have proper guidelines for the executors so they can’t violate the right of citizens by any way, 

Use of data: The personal data must be used only by the government for the purpose of finding crimes and criminal only, if anyone used that information for their personal interest then it will be punishable by law and executors should be answerable to court for use of each data