Balancing Individual Privacy and National Security: An Ethical and Legal Analysis in Indian Perspective

Abstract

The quest to reconcile individual privacy with national security is a pressing global concern, and this research paper narrows its focus to provide a comprehensive examination of the Indian perspective. In a nation with a diverse population and a unique socio-political context, the delicate balance between safeguarding individual liberties and ensuring collective security assumes distinct dimensions, necessitating a specialized investigation. This paper initiates by analyzing the ethical foundations underpinning the Indian approach to this complex issue. Drawing from a rich tapestry of cultural and philosophical traditions, it examines how values such as dharma (duty) and the right to life and personal liberty, enshrined in the Indian Constitution, shape the ethical discourse surrounding privacy and security. The legal facet of the research scrutinizes India’s evolving legal landscape, including landmark judgments such as the Right to Privacy case and the Aadhaar controversy. It dissects the nuances of Indian laws, regulations, and international agreements that govern the realms of surveillance, data protection, and counterterrorism, placing them within the broader context of individual rights and national interests. Furthermore, this paper sheds light on the unique challenges posed by India’s demographic diversity, digital transformation, and historical experiences with surveillance, all of which influence the Indian perspective on this complex issue. It emphasizes the significance of incorporating cultural, social, and economic factors into the ethical and legal analysis to arrive at nuanced policy recommendations.

Presenters

Aashutosh Kumar Aahire
Assistant Professor, Political Science/Faculty of Social Sciences, Hidayatullah National Law University, Chhattisgarh, India

Details

Presentation Type

Paper Presentation in a Themed Session

Theme

Social Realities

KEYWORDS

Privacy, National Security, Ethical, Legal, Surveillance