TELECOMMUNICATION ACT IN CONTRAST WITH FUNDAMENTAL RIGHTS OF THE INDIVIDUALS: A CRITICAL ANALYSIS OF THE ACT

The Telecommunications Act of 2023, passed by the Parliament, replaces older telecom laws to simplify the regulatory framework. It consolidates laws related to telecommunication services and networks and is considered to bring significant renovation in the telecom laws. The key provisions include the interception of telecommunications under Section 20(2), biometric user verification under Section 3(7), and extensive powers for suspending telecommunication services under Section 20(2)(b). This allows the introduction of provisions for interception, biometric identification, and internet suspension, raising concerns about privacy rights and arbitrary use of government powers. The concerns also include dilution of procedural safeguards, biometric identification’s impact on anonymity and internet suspension lacking clear guidelines and potentially infringing on freedom of expression. The Act, therefore, requires a thorough review to address these concerns and ensure a balanced approach in line with constitutional mandates.