The Digital Panopticon: Facial Recognition, AI- Driven Policing And Civil Liberties In India: A Constitutional And Comparative Study
- IJLLR Journal
- Dec 22, 2025
- 2 min read
Maitra Varun Chotia, PhD Research Scholar, Central Sanskrit University, New Delhi
ABSTRACT
Indian law enforcement is increasingly using Facial Recognition Technology (FRT), which is an application of Artificial Intelligence (AI). Supporters claim that it will be effective in the detection of crimes, yet opponents claim that the unrestricted application is dangerous because it is threatening privacy, equality and other rights. This paper is a critical analysis of the legal and constitutional framework in India (Articles 14, 19, 21) in relation to FRT and AI policing. We evaluate the current laws (the IT Act, Aadhaar Act, and the recently introduced Digital Personal Data Protection Act 2023) and observe the gaps in legislation and the process outlined by researchers. Based on historic rulings (e.g. Puttaswamy v. Union of India on privacy and proportionality) and recent petitions (e.g. PUCL v. Telangana We examine how biometric surveillance has been addressed in the decisions of the courts challenging FRT) We place the problems of India in a global perspective, whereby ICCPR Article 17 and UDHR Art. 12 safeguard privacy on a global level, and organizations such as UNESCO and the Council of Europe have encouraged strict restrictions on mass surveillance. A simple comparison of both the US and EU reveals that they are heading in different directions: multiple American cities have already prohibited police FRT, and the GDPR and the suggested AI Act in the EU provide strict regulations on biometric processing. We also discuss how the bias of algorithms can solidify the existing discrimination, benefiting particularly the Muslims, Dalits, and other marginalized people . The paper finds that, in the absence of sound protection (legal requirements, control mechanisms, and the evaluation of algorithmic impact, and transparency), FRT will have a chilling effect on free assembly and expression (Art. 19), undermine the right to equal protection (Art. 14) and infringe personal liberty (Art. 21). We provide specific policy suggestions such as prohibiting face-scanning outright or requiring legal approval and audit by independent organizations to bring the policing inventions in India to the constitutional and human rights pledges of the country.
Keywords: Facial Recognition Technology, AI policing, privacy, discrimination, constitutional rights, India.
