Human Rights Implications Of Facial Recognition Technology In India: Legal, Ethical And Policy Perspectives
- IJLLR Journal
- 2 days ago
- 1 min read
Ms Muskan Grover, Assistant Professor, Gitarattan International Business School, Rohini, Affiliated to GGSIPU, Delhi
ABSTRACT
Facial Recognition Technology (FRT) has become a rapidly-growing instrument of policy-making, peace-keeping and commercial purposes all over the globe, and in India, too. The use of FRT in India is diverse, as being seen at the biometric boarding of passengers under the DigiYatra program at airports or police usage of the technology during public protests. The article focuses on the impact of the application of FRT on human rights in India using the doctrinal, normative and comparative methodology. The article reviews the literature related to artificial intelligence and human rights, biometric surveillance and privacy law; analyzes the rights enshrined in the Articles No. 14, 19 and 21 of the Constitution of India and the Supreme Court doctrine in Justice K.S. Puttaswamy v. Union of India and related cases; and puts the Indian experience into perspective of the global regulatory practices such as the regulations of the European Union, the laws analyzed in Bridges v. South Wales Police case and legal development in the USA, China and Canada. The analysis finds that while the Digital Personal Data Protection Act, 2023 marks a significant step forward, the absence of a purpose-built law governing biometric surveillance, weak independent oversight, and the risk of algorithmic bias leave critical human rights gaps unaddressed in the Indian context. The paper concludes with legislative, institutional, technical and participatory recommendations for a human rights-centred regulatory framework for FRT in India.
Keywords: Facial Recognition Technology, Human Rights, Privacy, Artificial Intelligence, Surveillance, Digital Rights, Data Protection, India.
