“We are free but still bound by chains.”
Can this be a valid argument in the present context? We are definitely free with no physical barriers. But it would not be incorrect to say that a man is bound by many constraints. These constraints could be emotional, financial, ideological, psychological etc. But where does an invasion to individual’s privacy fit within these constraints? It would be very valid argument to place that an infringement in privacy would create all sorts of constraints for an individual. With this background, let’s delve upon the issue whether sting operation is an invasion to privacy or not?
This debate has been going on since long, but it took fast pace since last three to four years. It took the tide when CIA was alleged for doing surveillance of communication systems of various heads of Nations. And in the recent past, with the growing instances of corruption, governments have come out with various sting techniques to get catch hold of culprits or suspects. Technology has also played its part. With the growing Internet traffic and its misuse, e-Surveillance is being done by various state agencies. The issue is whether doing sting is legal or illegal. And if it is legal, to what extent and by what means? What would be its implications on an individual’s privacy? These are some of the questions we would be trying to answer in subsequent parts of the essay. It would be very imperative to start with “Sting Operation” and then moving to the issue of “Privacy”. And finally looking on the relationship between the two and its implications.
Sting Operations can be definitely said to be the measures taken to protect or prevent something unethical and adversarial, provided it being bonafide. The concerned party on which the sting is done does not possess any knowledge that he is being watched upon. Sting operations may be lawful or unlawful. Issue is to what extent sting operation being is done? In India, it has been justified to an extent to prevent corruption, evading terrorism etc. Due to growing instances of collusive and cohesive corruption, terrorist activities, communal violence, hate speech, overthrowing of legitimate government, States have become bound to do surveillance to check unlawful activities. Sting could be done by various methods. It could be telephone tapping, Internet traffic surveillance or by physical means. “Physical means” could include voice & video recording and catching red-hand. In India, NETRA and CMS are two of the many techniques used by the State to do surveillance. Certainly the issue of Privacy comes to picture while judging the legitimacy of a Sting operation.
Everybody is born free and by virtue of his “Being”, he has some immutable rights. And Privacy is one of them. Everybody has inherent right to enjoy privacy which has been accorded to him. When sting operation is done, whatever may be the purpose “Right to Privacy” is being infringed upon. If he is informed or warned beforehand about the surveillance, he would become conscious regarding it. And to an extent, the potential adversarial condition or activity might be avoided. When somebody knows that he is being watched, he would restrain from doing unlawful activities like terrorism, corruption etc.
Our Constitution also guarantees “Right to Privacy”. Though it has not been explicitly mentioned in the text, it has been accorded the status of a Right by various interpretations of Article 21 of Indian Constitution by Supreme Court. But it is not a right in absolute sense. It has various exceptions associated with it such as “in the interest of national security, sovereignty of the country etc. where it could be curtailed. So it becomes “Categorical Imperative” for the State to protect the Nation from all sorts of contingencies or bad situations. By this virtue, conducting surveillance and sting operations comes within the very ambit of larger public interest. Taking history as a clue, spies were deployed for gathering intelligence during the time of Chandragupta Maurya under the guidance of Kautilya. But those were the times of autocracy. Today the situation has changed upside down. We are living in the world of democracy and era of “Rights by virtue of being”. Individual is supreme. His supremacy is maintained by valuable respect for his rights.
If the stings are conducted for the larger interest of the Nation and public welfare, it has to be done under the ambit of law. It would be unlawful if done extra-constitutionally. It would also be unethical and not moral, if conducted without the consent of citizens. And on the other extreme, if citizens are informed about conduction of surveillance (each and every time it is being done), whole purpose would be lost. So, one of the alternatives could be that to bring sting operation and surveillance within legal boundaries. Agency conducting sting operations should be accountable to the Parliament. Misuse or improper use should be checked. If misused, consequent legal proceedings should be done for the violation of rights.
Augmentative Indian 