TELEPHONE TAPPING: AN INVASION OF THE RIGHT TO PRIVACY- ACRITICAL ANALYSIS.
Telephone tapping, generally means that any private telephone conversation or messages listen to or recorded is called wiretapping or line bugging phone tapping was started first in the USA 1890s when the telephone recorder connection talked about Indian authority had invented, no anyone recorded or trapping the message others it violates the fundamental rights and deprived others personal liberty such as the right to speech and expression it is the device that uses for private conversation and private message everyone knows that right to privacy a fundamental right. in the constitution of India no fundamental rights have 100% arbitrary. Telephone tapping is governed by Indian Telegraph act section 5(2) of the Telegraph act. It works exceptionally. Telegraph & other communication Devices are mentioned in the constitution entry 31 of the union list.
In theory, telephone tapping often needs to be authorized by a court, and is always in theory, normally only approved when evidence shows it is not possible to detect criminal or subversive activity in less intrusive ways. In certain countries or states like Germany and France, Courts often accept illegally recorded or taped calls without the opposition party’s consent but still the unauthorized telephone or phone tapping must be prosecuted.
PROCEDURAL AND SUBSTANTIVE SAFEGUARDS
Citizens of the country have a right to procedural and substantive safeguards to protect or save themselves from telephone or phone tapping.
In the PUCL case mentioned, contentions were raised about the arbitrary powers of Section 5(2) of the Indian Telegraph Act 1885. The Supreme Court of India held that phone call tapping or telephone tapping is against privacy under Article 21 of the Constitution of India. This provision was held to be constitutional and was passed by 9 judge constitution bench.
RELIEF FOR THE AGGRIEVED PARTY
- The petitioner can complain with the National Human Rights for the breach of the right to privacy in the case of unauthorized or unlawful tapping
Telephone tapping without one’s s consent violates provisions made by the Indian constitution. Telephone tapping is regarded as a crime and an illegal action. Telephone tapping puts a major impact on the upcoming youth of the nation by diverting their minds from crimes. Telephone tapping must be stopped and punishment should be set up for this kind of crime. Telephone tapping inappropriate situation is taken as a right but in the wrong way, the provision made by the constitution is exploited.
In the end, the conclusion is that the above article is regarding the right to privacy where the Apex Court expands the scope of privacy which is part of the fundamental rights of the Constitution of India but it is not an absolute right.
The Rules and safeguards provided by the government of India must be followed by every individual in the country.
Author: Monika Thakur,
Lovely professional university 2022/ BA LLB HONS. 2ND YEAR STUDENT