hidden image

Towards A Surveillance State

Joseph Maliakan Joseph Maliakan
11 Apr 2022
Parliament passes Criminal Procedure (Identification) Bill 2022

Though India became independent in 1947, our statute books are still full of laws that the British enacted from time to time to suppress and oppress us. The Identification of Prisoners Act 1920 is one of several such laws. But instead of repealing the Act, the Lok Sabha on 4th April passed the Criminal Procedure (Identification) Bill 2022 to replace it. The Rajya Sabha passed it two days later. 

The Parliament passed the Bill by voice vote in spite of the fact that the entire Opposition demanded that it be referred to a Parliamentary Standing Committee or a select committee for scrutiny. The new Bill does not merely replace the 102-year-old Act. It has been made more stringent in violation of the fundamental rights guaranteed by the Constitution of India. It is also contrary to the principles of data minimization and storage limitation laid down in the Puttuswamy and Aadhar judgements of the Supreme Court of India.

The Bill violates Article 20 of the Constitution -- prohibition against self-incrimination: No person accused of any offence shall be compelled to be a witness against himself. It violates the principle of natural justice treating every arrested person as guilty even before trial or conviction.

It gives unbridled powers to the police and prison officials to gather every detail -- physical, biological and social including what one eats, drinks and wears -- about the individual arrested or detained for any reason. According to clause 26, measurements include “finger prints, palm print impressions, photographs, iris and retina scan, physical and biological samples and their analysis, behavioural attributes including signatures, handwriting or any other examination referred to in section 53 or section 53 A of the Code of Criminal Procedure 1973.”

Those who refuse to give these details will be proceeded against under section 186 of the Indian Penal Code, obstructing public servant in discharge of public functions. In other words, once a person is arrested or detained, he or she has no escape from the long arm of the draconian enactment.

Under the 1920 British Act, only very limited data could be collected that too on the orders of a magistrate and data collection could be carried out only by police officials of the rank of sub-inspector and above. The magistrate also had to specify what data is to be collected. However, in the Bill passed by Lok Sabha, the magistrate has no role whatsoever and data collection has been handed over to head constables and prison warders. 

In this context, the Law Commission, in 1980, had suggested that the 1920 Act be amended to require the magistrate to record the reasons for giving the order to collect data. The Bill does not have any such safeguard, on the contrary it gives wide powers to the head constables and prison warders.

Under the 2022 Bill, data of the following categories of people can be collected. Any person who has been: a) convicted of an offence punishable under any law for the time being in force; b) persons detained under any preventive detention law; and c) on the order of Magistrate, from any person (not just an arrested person) to aid investigation.

What takes the cake in the new Bill is the provision that the data collected will be stored with the Crime Records Bureau for 75 years, practically for the entire life of the individual whose data has been collected. 

The following example will help to illustrate the impact of this provision. A person is found guilty of rash and negligent driving (and fined Rs 1,000).  He may have his signature collected and stored in a central database for 75 years. May be in celebration of 75 years of India’s independence, under the new Bill data of the arrested, detained or convicted individuals could be preserved for 75 years!

Whether the Bill is constitutional or not has to be examined from the angle of the States’ powers. Law and order, police and crime investigation come under the State list. The British Government in India was free to make arbitrary decisions. Can the Union Government legislate on subjects reserved for the States even without consulting them?

In this context, what Dayanidhi Maran (DMK) said in Parliament is quite relevant. The Bill, he said, is anti-people and against the spirit of federalism. The Bill, he added, is open-ended and infringes on the privacy of individuals. He also accused the government of establishing a surveillance state.

Mounting severe criticism against the Bill, senior Congress leader and former Union Home Minister, P Chidambaram, called it unconstitutional, illegal and in direct contravention of the judgments of the Supreme Court.  “If we can wait 102 years to change a Bill of 1920, why can’t we wait for 102 days for the Bill to be brought after examination by the standing committee?” he asked. 
 

Recent Posts

Gandhi's warning against "politics without principles" echoes today as wars, power struggles, and democratic erosion spread globally. From international conflicts to domestic electoral manipulation, c
apicture Jacob Peenikaparambil
16 Mar 2026
In Odisha's Sundargarh, tribal villagers are fighting in the Supreme Court to protect ancestral lands from mining expansion. Alleged violations of PESA and land laws threaten displacement, livelihoods
apicture John Dayal
16 Mar 2026
From Hiroshima and Nagasaki to modern wars and sanctions, a record of military dominance and unilateral "interventions" raises questions about moral authority, global policing, and the consequences of
apicture Dr. Elsa Lycias Joel
16 Mar 2026
A coalition of close to 30 civil society organisations, women's rights groups and constitutional rights advocates will hold a joint press conference on March 11, 2026, in Mumbai to express deep concer
apicture Joint Press Note
16 Mar 2026
The US–Israel attack on Iran is portrayed as part of a recurring pattern of military interventions justified by dubious claims. Such aggression, moral double standards, and geopolitical alignments ris
apicture Chhotebhai
16 Mar 2026
From Vietnam and Iran to Afghanistan and Iraq, a pattern of intervention driven by strategic and economic interests has shaped global conflicts. Such wars leave deep scars, reinforcing the reality tha
apicture Ram Puniyani
16 Mar 2026
Alberuni warned that India's wisdom lay buried under much rubbish, demanding careful selection. In today's rush to rewrite history through myths and epics, that caution is vital—especially when ideolo
apicture Thomas Menamparampil
16 Mar 2026
Your sixth stage Is polarisation, The pulling apart Of any threads That might still bind Victim and killer.
apicture Dr Suryaraju Mattimalla
16 Mar 2026
In war-torn Aden, four Missionaries of Charity Sisters were killed while serving the elderly, and their chaplain, Fr. Tom Uzhunnalil, was abducted. A decade later, their martyrdom and his survival rem
apicture CM Paul
16 Mar 2026
As we bite into bananas and papayas, let us also raise our voices against war. All wars. Every war. Because the moment war enters the kitchen, the dining table suddenly becomes a place of deep philoso
apicture Robert Clements
16 Mar 2026