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When State Watches Protest: Constitutional Limits Of Facial Recognition Surveillance
['Dr. Anuradha Singh', 'Ayush Chaudhary']
Supreme Court - High Court - Legal Breaking News | Live Law India
A Vacuum Dressed As PolicyIndia has no statute that authorises, regulates, or limits the use of facial recognition technology (FRT) by police at public assemblies.
Neither statute was drafted with a scenario like Jantar Mantar in mind, and neither statute constrains it.
It is what a legal vacuum looks like in practice technology deployed at scale, answerable to no statute, and therefore, in constitutional terms, answerable to no one.
The Puttaswamy Test, Applied To A CrowdThe constitutional vocabulary for testing this practice already exists.
This indiscriminate character is also what gives the challenge its second constitutional dimension: the chilling effect on Article 19(1)(a) and 19(1)(b) rights.