Reassessing the Indian Telegraph Act, 1885 in the Light of the Right to Privacy

The Indian Telegraph Act, 1885 has served as a legislative framework governing telecommunication in India for over a century. However, its colonial origins and outdated provisions have increasingly come into conflict with the realities of modern communication and the fundamental right to privacy. This article critically examines the provisions of the Act in the context of landmark Supreme Court rulings, including Justice K.S. Puttaswamy (Retd.) v. Union of India and People’s Union for Civil Liberties v. Union of India, highlighting the tensions between state surveillance powers and individual rights. It calls for urgent legislative reform to align the law with constitutional mandates and the needs of a digital society.

Authors

Publication Details

Journal
International Journal of Social Science and Education Research
Published
2025-01-01
DOI
https://doi.org/10.33545/26649845.2025.v7.i2a.316
Primary Topic
Freedom of Expression and Defamation
Type
article
Field-Weighted Citation Impact
0.00
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article

Reassessing the Indian Telegraph Act, 1885 in the Light of the Right to Privacy

D Prasannakumar
International Journal of Social Science and Education Research
Freedom of Expression and Defamation
article

Reassessing the Indian Telegraph Act, 1885 in the Light of the Right to Privacy

D Prasannakumar
article en

Abstract

The Indian Telegraph Act, 1885 has served as a legislative framework governing telecommunication in India for over a century. However, its colonial origins and outdated provisions have increasingly come into conflict with the realities of modern communication and the fundamental right to privacy. This article critically examines the provisions of the Act in the context of landmark Supreme Court rulings, including Justice K.S. Puttaswamy (Retd.) v. Union of India and People’s Union for Civil Liberties v. Union of India, highlighting the tensions between state surveillance powers and individual rights. It calls for urgent legislative reform to align the law with constitutional mandates and the needs of a digital society.

International Journal of Social Science and Education ResearchVol. 7(2)
Peace, Justice and strong institutions
Openalex Percentile: Top 72%
Freedom of Expression and Defamation
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