The Issue of Phone Tapping and Recent Developments in Light of Right to Privacy

Abstract

This article examines the legality of phone tapping in India against the evolving right to privacy. It analyses judicial developments from PUCL to K.S. Puttaswamy, constitutional protections under Articles 19 and 21, and statutory interception powers under the Telegraph Act. The study evaluates proportionality, executive safeguards, and recent judicial applications restricting unlawful surveillance. It argues that although interception may serve legitimate security objectives, inadequate regulation and outdated legal provisions threaten individual liberties. The article recommends comprehensive surveillance legislation balancing national security, effective investigation, and privacy through clear procedures, accountability, and constitutional compliance while ensuring transparent oversight, judicial review, democratic legitimacy.