Opinion: Looming Towards An Orwellian Surveillance State
The term ‘Orwellian’ commonly denoted to the authoritarian regime. But the word literally does not reflect the idea that George Orwell envisaged in his magnum opus ‘1984’. The state that curtails civil rights, keeps its citizens under surveillance, restricts free speech, manipulates information, and puts activists and political dissidents behind bars unjustly can be termed as an Orwellian state.
These may be features of communist authoritarian regimes like that of China or that of an autocratic regime like North Korea and erstwhile Soviet Russia, but not of a democratic country like India. This does not only demonstrate undemocratic behavior but also violates the fundamental law of the land.
Questions arose when The Indian Express broke the story about how an Israel-based firm, NSO Group’s, Pegasus spyware was used to snoop on dozens of Indian journalists, human rights activists, and members of civil society, through their WhatsApp.
This spyware has the potential to track the user’s information in Whatsapp, calendar events, and phone calls. The firm said in a statement that it shares its technology with only government agencies. Though NSO has denied its role in this controversy but many WhatsApp users have got alarming information from Whatsapp about this spyware. The surfaced-story poses a galaxy of questions on the involvement of government and its credibility in protecting the privacy of its subjects.
This was a vague idea in India till the right to privacy became a fundamental right and got incorporated into the constitution in 2017 with a historic unanimous nine judge bench judgment. Even in the Aadhaar judgment, the apex court observed that judicial oversight is necessary as far as privacy is concerned. After the emergence of the digital age, third-party platforms can manipulate users’ information very easily, and that’s where the role of the government comes into play in protecting users’ data.
Internet freedom and privacy activists advocate for complete protection of privacy. They say that, even in the pretext of national security, the government should not breach people’s private information as it threatens the very idea of individual freedom.
Why I am referring India is at the verge of becoming an Orwellian state? What did the government do in the past few years depicts the very nature of this idea?
Earlier the home ministry issued a notification that renewed a number of security agencies’ empowerment to gather information through surveillance for national interests. A number of human rights activists are now now behind bars.
Historical and mythological figures are now being portrayed as superheroes that drives the political propaganda of the government. This is giving clear electoral dividend to the incumbent. The National Security Act is being misused to curtail protest and suppress voices of ideological opponents. The army is being used to exploit nationalistic sentiments. Everyone is an anti-national who questions their authority and credibility. Draconian laws like The Unlawful Activities Prevention Act has been amended such that it gives the state unbridled power to act against any individual. All these features are enough to call India an Orwellian state.
But there is always another side to every story. All these aspects can be traced back to the Congress and other coalition regimes in past where they were using such tools like tapping phone calls and misusing the National Security Act, Armed Forces Special Powers Act, etc, to suppress individual freedom. But at the same time, we cannot justify such acts at the cost of democracy and individual freedom.
The recent revelation has created an atmosphere of surveillance state like China and North Korea where citizens are watched for their day to day activities. In India, citizens may not enjoy absolute individual freedoms but they don’t want to become subject to a surveillance state. Winning elections with outright majority does not legitimize the act of any government.
It can be called an oppressive and totalitarian regime if it doesn’t protect individual freedom and fails to create a free and open society. In this juncture Government should clear stance on this verbatim and reveal whether it bought Pegasus spyware from Israeli firm or not.
Rabinarayan is a journalism student at the Indian Institute of Mass Communication, New Delhi. He tweets at @theRabinarayan. Views are personal to the author.