top of page

The Legal And Ethical Challenges Of AI Surveillance In India: Balancing National Security And Privacy Rights




Mr. Kumar Jyotish, Lecturer, Himalaya Law College, Chiksi, Paliganj, Patna


ABSTRACT


India's rapid deployment of AI surveillance technology, such as the National Automated Facial Recognition System (NAFRS) and biometric monitoring systems, is conducted without broad statutory authority, resulting in constitutional issues with Article 21 privacy rights. This article looks at how existing AI surveillance tactics breach the three-part criteria of legality, necessity, and proportionality set in Justice K.S. Puttaswamy v. Union of India (2017). Despite the Digital Personal Data Protection Act of 2023, extensive governmental exemptions expose citizens to unfettered surveillance. Through doctrinal analysis, this study indicates that India's AI surveillance ecosystem lacks necessary procedural safeguards and proportionate deployment criteria, arguing for immediate legislative intervention to ensure democratic accountability.


Keywords: AI Surveillance, Privacy Rights, Article 21, National Security, Facial Recognition Technology, Constitutional Law, Digital Personal Data Protection Act, Biometric Surveillance



Indian Journal of Law and Legal Research

​

Abbreviation: IJLLR

​

ISSN: 2582-8878

​

Website: www.ijllr.com

​

Accessibility: Open Access

​

License: Creative Commons 4.0

​

Submit Manuscript: Click here

​

Licensing: ​

 

All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

Disclaimer:

​

The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

bottom of page