The Pegasus Spyware Case: A Legal and Political Scandal

The Pegasus Spyware Case: A Legal and Political Scandal. The Pegasus spyware case is perhaps the most contentious and internationally important surveillance scandal of recent times. At its heart, the case concerns the deployment of Pegasus, a highly sophisticated spyware created by the NSO Group, an Israeli tech company that asserts to sell its software exclusively to “vetted governments” for legitimate use against terrorism and serious crime. Yet, probes showed Pegasus was purportedly used to spy on journalists, human rights campaigners, lawyers, politicians, and other individuals globally — even in India.

What is Pegasus Spyware?

Pegasus is no common spyware. It is a zero-click spy software, which can infect a device without the user even clicking on a link or performing any action. Its installation can:

• Access call records, messages, emails
• Turn on microphones and cameras
• GPS location tracking
• Extract information from encrypted applications such as WhatsApp and Signal

Pegasus essentially converts the phone into a remote monitoring device, and it’s a very potent tool in the wrong hands.

The 2021 Pegasus Project Revelations

In July 2021, a joint investigation by Forbidden Stories and Amnesty International, along with prominent international media outlets (such as The Guardian, The Washington Post, and The Wire in India), uncovered that more than 50,000 phone numbers were likely chosen for spying through the use of Pegasus by NSO Group clients.

Important Allegations in India:

• Many prominent persons were reportedly targeted, including:
• Politicians such as Rahul Gandhi
• Journalists like Siddharth Varadarajan, Rohini Singh, and M.K. Venu
• Election strategist Prashant Kishor
• Activists and even Supreme Court officials
• The Indian government was suspected of being a potential client, although it neither denied nor admitted buying Pegasus.

The expose created a huge political furor, with opposition parties alleging the government of unauthorised surveillance and violating the right to privacy

Legal Aspects: What Does Indian Law Say?

India does not have a specific surveillance law or overall data protection law. But different provisions under different laws regulate surveillance and privacy:

1. Indian Telegraph Act, 1885

• According to Section 5(2), interception of calls can be done by the government in times of public emergency or public order.
• Interception needs to be authorized and required in the interest of sovereignty, integrity, or public order.
• This act is old and is mostly relevant to voice communication and not new digital media.

2. Information Technology Act, 2000

•  Section 69 authorizes the central and state governments to intercept, monitor, or decrypt digital data if it is required for national security or investigating crimes.
• But this too needs written approval and supervision.
• Rule 419A of the Indian Telegraph Rules and the IT (Procedure and Safeguards for Interception, Monitoring and Decryption of Information) Rules, 2009 prescribe procedures for legal interception.

3. Right to Privacy as a Fundamental Right

• In Justice K.S. Puttaswamy v. Union of India (2017), the Supreme Court held unanimously that privacy is a fundamental right under Article 21 of the Indian Constitution.
• Any violation of this right has to satisfy the tests of legality, necessity, and proportionality.
• Illegal surveillance, particularly in the absence of judicial supervision, constitutes a violation of this basic right.

Supreme Court’s Response

Following petitions by journalists and activists, the Supreme Court of India established an independent expert committee in October 2021 to investigate the Pegasus allegations.

Findings and Observations (2022):

• The committee established that certain phones were indeed infected with Pegasus.
• Nevertheless, the committee informed that it was unable to categorically attribute the spyware to the Indian government, owing to the government’s non-cooperation, among other reasons.
• The Supreme Court rebuked the government for using “national security” to deny disclosure, saying national security should not be a catch-all to sidestep judicial review.

Impact and Legal Reforms Needed

The Pegasus controversy has raised several issues of serious concern:

• Lack of a legal framework governing surveillance
• Lack of judicial oversight in the interception process
• The pressing need for a data protection law (the Digital Personal Data Protection Act, 2023, was enacted but doesn’t completely address state surveillance)
• Call for higher executive transparency and accountability

Conclusion

The Pegasus spyware controversy is not only a political issue but also a constitutional crisis affecting the very foundations of Indian democracy — the right to privacy, freedom of speech, and checks and balances on state power. The case has proved that India’s surveillance laws are inadequate, outdated, and absence of safeguards. It serves as an eye-opener to overhauling India’s digital surveillance framework and making sure security concerns don’t trounce basic rights. Thus, this is the Pegasus Spyware Case: A Legal and Political Scandal.

Stay tuned on our website as if any official information pops up then we will update you in minutes! If you want all the latest updates on time then join our student community on WhatsApp!

Choose the right career yourself by booking personal guidance from professionals on Mytagapp.com