Facial Recognition Technology in India: Socio-Legal Debates on Privacy and Human Rights
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2025
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| author | Ms. Mohita Yadav Dr. Arti Sharma |
| author_facet | Ms. Mohita Yadav Dr. Arti Sharma |
| contents | <p><strong><span lang="EN-US">Facial Recognition Technology (FRT) has emerged as a powerful surveillance tool in modern governance, enabling the identification and tracking of individuals through biometric facial data. In India, the rapid deployment of FRT by law enforcement agencies, airports, and public authorities—most notably through initiatives such as the National Automated Facial Recognition System (NAFRS)—has occurred in the absence of a comprehensive legislative framework. This development raises significant constitutional and human rights concerns, particularly in light of the recognition of the right to privacy as a fundamental right under Article 21 of the Constitution of India. This paper critically examines the socio-legal implications of facial recognition technology in India, focusing on its impact on privacy, personal liberty, freedom of expression, and the right to dissent. Anchored in constitutional jurisprudence and human rights principles, the study evaluates whether the use of FRT satisfies the proportionality standard laid down by the Supreme Court in Justice K.S. Puttaswamy v. Union of India. Through doctrinal and comparative analysis, the paper highlights regulatory gaps, risks of mass surveillance, algorithmic bias, and the chilling effect on democratic freedoms. It argues for the urgent need for a rights-centric statutory framework governing facial recognition technology in India, incorporating transparency, accountability, and judicial oversight.</span></strong></p> |
| format | Recurso digital |
| id | zenodo_https___doi_org_10_5281_zenodo_18093569 |
| institution | Zenodo |
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| publishDate | 2025 |
| publisher | Zenodo |
| record_format | zenodo |
| spellingShingle | Facial Recognition Technology in India: Socio-Legal Debates on Privacy and Human Rights Ms. Mohita Yadav Dr. Arti Sharma Facial Recognition Technology; Right to Privacy; Surveillance; Human Rights; Article 21; Proportionality. <p><strong><span lang="EN-US">Facial Recognition Technology (FRT) has emerged as a powerful surveillance tool in modern governance, enabling the identification and tracking of individuals through biometric facial data. In India, the rapid deployment of FRT by law enforcement agencies, airports, and public authorities—most notably through initiatives such as the National Automated Facial Recognition System (NAFRS)—has occurred in the absence of a comprehensive legislative framework. This development raises significant constitutional and human rights concerns, particularly in light of the recognition of the right to privacy as a fundamental right under Article 21 of the Constitution of India. This paper critically examines the socio-legal implications of facial recognition technology in India, focusing on its impact on privacy, personal liberty, freedom of expression, and the right to dissent. Anchored in constitutional jurisprudence and human rights principles, the study evaluates whether the use of FRT satisfies the proportionality standard laid down by the Supreme Court in Justice K.S. Puttaswamy v. Union of India. Through doctrinal and comparative analysis, the paper highlights regulatory gaps, risks of mass surveillance, algorithmic bias, and the chilling effect on democratic freedoms. It argues for the urgent need for a rights-centric statutory framework governing facial recognition technology in India, incorporating transparency, accountability, and judicial oversight.</span></strong></p> |
| title | Facial Recognition Technology in India: Socio-Legal Debates on Privacy and Human Rights |
| topic | Facial Recognition Technology; Right to Privacy; Surveillance; Human Rights; Article 21; Proportionality. |
| url | https://doi.org/10.5281/zenodo.18093569 |