Digital Era and Human Rights in India: an Analysis of Privacy, Surveillance, and Freedom of Expression
Year: 2025
Type: article
Abstract: State surveillance in India has expanded significantly with advancements in digital technologies, increased dependence on online communication, and rising national security concerns. While surveillance is often justified as essential for maintaining public order, preventing terrorism, and combating cybercrimes, it raises critical questions about privacy, freedom of speech, and civil liberties guaranteed under the Indian Constitution. Article 19(1)(a) protects the right to free speech, and Article 21 safeguards the right to life and personal liberty, including the right to privacy as affirmed in the Puttaswamy judgment. However, broad government powers, opaque procedures, and limited judicial oversight have created tensions between individual rights and state interests. Issues such as internet shutdowns, social media regulation, government takedown orders, and online harassment amplify these challenges. India’s frequent use of internet shutdowns disproportionately affects democratic participation, education, and economic activities. Meanwhile, activists, journalists, and vulnerable groups often face online threats and gender-based abuse, with inadequate legal protections. The judiciary, civil society, and media play a crucial role in maintaining accountability, yet stronger institutional safeguards are needed to prevent misuse of surveillance. This study highlights the importance of achieving a balanced approach that ensures national security while upholding constitutional freedoms and protecting human rights in the digital age.
Author: Dr. Suja Nayar
Institution: GLS University
Language: English
Topic: Law, Rights, and Freedoms
Subfield: Sociology and Political Science
Field: Social Sciences
Domain: Social Sciences
Open Access status: gold
OpenAlex ID: W7134228631
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