[Excerpt] Sedition lingers on in India, refusing to go away, silencing students, doctors and writers today as it did nationalist leaders a century ago. The increasing use of sedition in the twenty-first century, no matter the government in power, has set India upon a dangerous, backwards-facing trajectory.
[Excerpt] Aadhaar’s vast database of biometric information is another pillar of India’s national security state. India is currently engaged in technological projects of astonishing dimensions, a colossally wide array of information collection, communications monitoring, and identity profiling. Biometrics have long been associated with biopower, a Foucauldian concept that is being frequently revisited as the world negotiates pervasive surveillance. The Aadhaar project is a new frontier in biopower: unparalleled in scale and unchecked by law, it is obliterating privacy.
In late September 2015, the Indian government published an ill-conceived and poorly drafted national encryption policy which would have had severely detrimental impacts on privacy, freedom of speech, national security, foreign investment, and the regular business of the telecommunications and Internet industry in India. After public uproar and international ridicule, the policy was withdrawn on the eve of Prime Minister Modi’s visit to Silicon Valley to invite investment in his Digital India project. This post simply breaks down encryption and examines the motives and implications of the policy. Click the title to read more.
In India, a cable television channel’s content has invited a government warning, which the channel has judicially challenged. The incident recasts light on India’s absurd system of television censorship, which primarily flows from the Cable Televison Act, 1995. A poorly-drafted list of prohibited content, called the Programme Code, is interpreted by a group of unaccountable bureaucrats with no specialized knowledge of television, arts, or the law. Similar to the erstwhile section 66A of the Information Technology Act, which was recently judicially struck down for vagueness, the Programme Code has survived by evading judicial scrutiny. How does such arbitrary censorship subsist? Humpty Dumpty might have the best answer.
[Excerpt] Because of its disjointed development, the constitutional basis of the right to privacy in India remains muddy. Indian courts have yet to craft a privacy rights jurisprudence that responds to surveillance, morals-based denials of personal choices, and forcible collections of bodily information. There are wide gaps in the right to privacy through which the collection of biometric information for the Aadhar project could easily slip through, perhaps even be made compulsory.