Modi faces legal challenge over surveillance at India youth protest

Indian activists are challenging Prime Minister Narendra Modi's government over the use of AI-powered surveillance during the country's largest youth protest in decades, in a court case that could test the limits of police surveillance powers despite the demonstrations having ended.

The controversy emerged during last week's student protests over exam paper leaks, after demonstrators shared images on social media of a mobile police surveillance van fitted with cameras mounted on a telescopic mast providing a 360-degree view of the gathering.

Student activist Aishe Ghosh has petitioned the Delhi High Court to declare the mass surveillance of protesters unconstitutional, order the destruction of all personal data collected during the demonstration, and direct authorities to establish guidelines governing the use of surveillance technology.

Ghosh is continuing with the case after the protests ended following the resignation of Education Minister Dharmendra Pradhan, a rare setback for Modi. The government has since announced a panel to overhaul India's exam system following repeated cheating scandals.

India has no law governing police use of facial recognition technology. Activists argue that surveillance at the main protest site in New Delhi breached existing legal protections, while the government says the measures were lawful and necessary to maintain public order.

Modi's government has repeatedly faced criticism from opposition parties and digital rights advocates, who accuse it of expanding surveillance powers and tightening control over digital communications. The government has rejected those allegations, saying its actions are taken in the public interest.

During a hearing on Friday, Solicitor General Tushar Mehta defended the police response, saying privacy claims at a public gathering were "ironical" and the checks were "absolutely necessary" and "in legitimate state interest."

At a brief hearing on Monday, judges heard arguments from Ghosh that the surveillance measures were disproportionate and that the state should disclose more information about its surveillance policies during protests. The court is scheduled to hear the matter again on Tuesday.

Need for accountability

The Internet Freedom Foundation, a New Delhi-based digital rights group, wrote to Delhi's police commissioner on July 24 demanding the deletion of biometric data collected at the protest site.

Delhi Police did not respond to a Reuters request for comment. In a post on social media platform X on Sunday, the force said it had not "restricted anyone's freedom through the use of facial recognition technology".

"We need proportionality even if we are to claim national security risks. Accountability must flow both ways," said Akash Karmakar, a technology law partner at Indian law firm Panag & Babu.

He said that if India used facial recognition to identify protesters, the technology should also be used to identify police officers who allegedly operated without name badges during the crackdown.

Police were also seen recording the Instagram handles of people arriving at the protest site. Inspector Sunil Kumar told Reuters the checks were intended to ensure that no one with a criminal background entered the demonstration.

Surveillance system

The surveillance van deployed at the protest site displayed the Delhi Police crest and the branding "Ikshana", the Hindi word for "vision".

Limited information about the system is publicly available. A 2023 post by Indian CCTV company CP Plus, identified as a development partner, said the platform included "Advanced AI-powered" cameras, mobile cameras and "Varifocal Bullet Cameras" with adjustable lenses. The post was removed over the weekend.

CP Plus said in a statement that it supplied the surveillance hardware used by Delhi Police but that the operational use of the system, including its databases and deployment, was managed by the law enforcement agency.

When a Reuters reporter walked past the van last week, one computer display showed his face outlined by a green rectangle alongside a "face accuracy" match metric. A police officer inside closed the van's window shortly afterwards.

"The computers here help us identify those who have a criminal history and it highlights them," police officer Raj Kumar Dahiya told Reuters.

"AI also helps us count the number of protesters".