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What the law says on phone tapping

June 25, 2015Daily NewsBy wp-admin

Unauthorised phone tapping is a constitutional wrong

Phone tapping is surely an interference with the civil liberty of citizens.  This was questioned by People’s Union of Civil Liberties before the Supreme Court, which disapproved unguided use of power to intercept and interfere with the telephone communications of persons.

However, right to privacy in the form of non-tapping or non-interception of phones is not an absolute right, but can be limited by security concerns of the nation. Under no circumstances, it will facilitate ‘incitement to an offence.’

The word “life” and the expression “personal liberty” in Article 21 were elaborately considered by the Supreme Court in Kharak Singh v. State of U.P. (AIR 1963 SC 1295). The majority of 7 judges read the “right to privacy” as part of the right to life under the Article 21.
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