Crucial reforms are required in professionalizing in intelligence gathering in the country, ensuring that the rule of law is protected. Examine (200 Words)
Refer - The Hindu
Enrich the answer from other sources, if the question demands.
IAS Parliament 3 years
KEY POINTS
· The government claims all its surveillance is authorised and justified. But there are numerous examples of surveillance powers being misused for personal and political gain, and to harass opponents.
Instances
· In 2012 in Himachal Pradesh, the new government raided police agencies and recovered over a lakh phone conversations of over a thousand people.
· In 2013, India’s Home Minister was in a controversy dubbed “Snoopgate”, with phone recordings alleged to be of him speaking to the head of an anti-terrorism unit.
· Non-state actors such as the Essar group, have also been shown to engage in illegal surveillance.
The laws
· The laws authorising interception and monitoring of communications are Section 92 of the CrPC (for call records, etc), Rule 419A of the Telegraph Rules, and the rules under Sections 69 and 69B of the IT Act.
· In 2010, then Vice-President called for a legislative basis for India’s agencies, and the creation of a standing committee of Parliament on intelligence to ensure that they remain accountable and respectful of civil liberties.
· In 2018, the Srikrishna Committee on data protection noted that post the K.S. Puttaswamy judgment, most of India’s intelligence agencies are potentially unconstitutional the National Intelligence Agency being an exception.
