On 20th Dec 2018, Ministry of Home Affairs (MHA) issued an order notifying the applicability of section 69 of the Information Technology Act of 2000 (empowering the state to intercept and monitor messages stored/transmitted via the electronic media) to only 10 government agencies. The order resulted in a huge uproar, with folks branding the directive as draconian, since it infringes the individual’s right to privacy (a fundamental right), thereby converting India into a “Police State”. Now to draw any such conclusion one needs to dive into the history, as devil is always in the details.
Indian Telegraph Act
The clause 2 of section 5 of the Indian Telegraph Act 1885 empowered the government with this capability, and text specific to this effect is reproduced for ready reference.
