Much apologies for the delay. I will get the revision done as soon as possible.

All Eyes on India's Online World

-- By AliAbid - 20 May 2025

India’s shift into the digital world has happened so fast. A decade or two ago people in many parts of the country struggled with little to no internet access at all. Today some of the biggest players in the tech space like Microsoft and Amazon have strongholds in the country. The change has been astounding. While the internet has made things better for the country it has also come with dark effects for India’s citizens. With everything being online, it’s harder to stay private. Behind the new apps and digital systems, the government’s ability to watch it’s citizens has been growing.

The more people use the internet, the more it becomes a space the government wants to control. It doesn’t need to shut anything down. It just needs to observe. The tools are already there with existing cameras, databases and monitoring systems. The lines between public service and surveillance are getting harder to see. The space for personal and digital freedom is shrinking without much resistance.

Before 2017, India didn’t even legally recognize the right to privacy. Then the Supreme Court delivered its ruling in the Puttaswamy case. This case declared privacy a fundamental right under Article 21. Puttaswamy became a foundation to protect citizens in a time when technology was changing rapidly in India. The problem is that by the time the court made its decision, the systems that threaten privacy were already in place. That ruling hasn’t stopped them from expanding.

In 2023, the government passed the Digital Personal Data Protection Act (DPDPA). At a first look it introduces safeguards. It talks about consent and accountability. It sets up a framework for regulating how companies and the like collect and process user data. That sounds like progress but the law actually gives the government the power to exempt itself from these rules. There’s little clarity on when or why it would do so. This one exception supersedes the rest of the law. A system that was supposed to protect citizens now gives more space for unchecked action by the state.

India’s digital surveillance infrastructure didn’t appear overnight. The Central Monitoring System (CMS) has existed for over a decade. It allows government agencies to intercept phone calls, emails and other forms of digital communications. There’s no requirement for court approval with using the CMS. The process happens quietly with basically no external oversight. The average person doesn’t know if their messages have been read or their calls recorded since there’s no way for them to check.

Then there’s NETRA, a system that scans internet traffic for certain keywords. It works by filtering massive amounts of online activity to look for anything the government considers suspicious. Another tool to invade privacy is NATGRID. It connects information across different agencies and sectors such as banks, airlines and telecom providers. The result is a detailed picture of a person’s digital activity. These programs were created under the idea of strengthening national security and in the end that’s just a false justification to support the state’s despotic surveillance practices.

Another big component is the national biometric ID program known as Aadhaar. Originally meant to help streamline welfare access, Aadhaar has become a requirement for many essential services. It’s now tied to phone numbers, bank accounts, school admissions and even hospital visits. It acts as a universal ID. The problem is that once personal data is collected at that scale it becomes difficult to contain. Breaches have happened and once your fingerprint or eye scan is leaked then of course there’s no way to change these aspects of a person.

Legal frameworks have not kept pace with these developments. India still relies on the Indian Telegraph Act of 1885 and the Information Technology Act of 2000 to authorize surveillance. These laws weren’t written wholly for the digital age. They were drafted in a different time and don’t account for the kinds of tools that now exist. They give the government broad powers under vague terms like public safety and national security interests. There’s no requirement for judicial review. Most of the time decisions to surveil are made at the government’s free will.

This situation is even more complicated by the fact that India is a democracy. Surveillance under an authoritarian regime is more expected. In India, it exists under the veil of a free democracy. The decisions to implement surveillance methods to monitor all aspects of one’s life creates a sense of contradiction when the country is supposed to be upholding civil liberties. Surveillance grows while the structure of democracy remains in place. Some journalists, activists and even comedians have already been targeted. Several investigations have also pointed to the use of Pegasus. This system can take control of phones, access encrypted chats and activate cameras without consent. The government hasn’t denied or confirmed its use but that silence speaks for itself.

The justification for surveillance always seems to be national security. There is little doubt that India does face real threats like terrorism but when the tools of surveillance expand without limits they stop being about safety. They become about control. A government that collects data on its citizens without restraint doesn’t build trust, it builds fear. Citizens don’t know who is watching or why. That uncertainty changes how they move online.

This system needs reform. It requires new laws to reduce the despotic surveillance systems in place. A proper data protection law needs to apply to the government. It must include limits, enforcement mechanisms and include independent oversight. Surveillance should go through courts and citizens should be notified when their data is accessed. They should be able to challenge it in court if it was done without reason.

Ideally surveillance is eradicated. Unfortunately, we don’t live in an ideal world. Surveillance needs to be made visible. Without laws and transparency, it continues to grow without resistance. India can still build a digital future that protects rights. However, the longer the system operates in silence the harder it will be to pull back.

Works Cited:

https://www.amnesty.org/en/latest/news/2023/12/india-damning-new-forensic-investigation-reveals-repeated-use-of-pegasus-spyware-to-target-high-profile-journalists/

https://www.chandlerinstitute.org/governancematters/indias-aadhaar-system-bringing-e-government-to-life

https://www.cnn.com/2022/02/12/india/india-comedians-crackdown-intl-hnk-dst/index.html

https://globalfreedomofexpression.columbia.edu/cases/puttaswamy-v-india/

https://inplp.com/latest-news/article/how-indias-new-draft-telecom-law-may-impact-data-privacy/

https://www.ey.com/en_in/insights/cybersecurity/decoding-the-digital-personal-data-protection-act-2023

https://www.hrw.org/news/2013/06/07/india-new-monitoring-system-threatens-rights

https://www.thegeostrata.com/post/understanding-natgrid-india-s-national-intelligence-grid

https://www.theregister.com/2013/12/17/netra_india_intercept_online_surveillance/

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