India, the world’s largest democracy, prides itself on a rich history of free speech and pluralism. However, in recent years, a troubling trend has emerged: increasing censorship and state-sponsored surveillance that threaten civil liberties and democratic values. From the silencing of journalists and academics to digital crackdowns and the misuse of draconian laws, dissent in India is under siege. This article explores how censorship and surveillance have become tools of political control, examining their implications for democracy, media freedom, and human rights.



Historical Context: A Legacy of Control


Censorship is not new to India. Even during the colonial era, British authorities used sedition laws to suppress freedom fighters. After independence in 1947, the Indian Constitution enshrined freedom of speech and expression as a fundamental right under Article 19(1)(a). However, successive governments—regardless of political affiliation—have periodically curtailed this freedom, particularly during times of political unrest.


The Emergency period from 1975 to 1977 under Prime Minister Indira Gandhi is a stark reminder. Press censorship, mass arrests, and surveillance were rampant. While that period was exceptional in its extremity, contemporary India is witnessing a more sophisticated and systematic erosion of dissent under the guise of national security, public order, and digital regulation.


Legal Instruments of Suppression


India’s legal framework offers multiple levers for controlling speech:


1. Unlawful Activities (Prevention) Act (UAPA)


Initially enacted to counter terrorism, UAPA has increasingly been used to arrest activists, students, and journalists. The law allows for prolonged detention without trial and deems certain opinions as threats to national integrity. Critics argue that it criminalizes dissent by labeling it as sedition or terrorism.


2. Sedition Law (Section 124A of IPC)


This colonial-era law criminalizes speech that brings “hatred or contempt” against the government. Though the Supreme Court has narrowed its scope, lower courts continue to invoke it liberally. Notable targets include student leader Kanhaiya Kumar and climate activist Disha Ravi.


3. Information Technology (IT) Rules 2021 and 2023 Amendments


These rules empower the government to order social media platforms to take down content deemed “false” or “against the interest of the sovereignty and integrity of India.” Critics warn that these regulations lack transparency, override judicial oversight, and create a chilling effect on free expression.


The Weaponization of Surveillance


India has rapidly expanded its surveillance capabilities through both domestic and foreign technologies. The absence of a comprehensive data protection law or an independent oversight mechanism makes citizens vulnerable to abuse.


1. Pegasus Spyware Scandal


In 2021, an international investigation revealed that Indian journalists, opposition leaders, activists, and even judges were targeted using Pegasus, a military-grade spyware developed by Israel’s NSO Group. While the government neither confirmed nor denied the use of Pegasus, it refused to cooperate with subsequent judicial probes, raising serious questions about accountability.


2. Aadhaar and Centralized Databases


India’s Aadhaar system, initially introduced as a biometric identity tool, has morphed into a centralized surveillance apparatus. Linking Aadhaar with bank accounts, SIM cards, and welfare schemes has led to mass data collection. Critics argue that this violates privacy, especially in the absence of strong data protection laws.


3. Facial Recognition Technology (FRT)


Deployed at protests, railway stations, and public rallies, FRT is being used without public debate or safeguards. Human rights groups have raised concerns that this technology enables real-time surveillance of dissenters and disproportionately targets minorities.


Silencing the Media


A robust media is essential for democracy, yet India’s press freedom has deteriorated significantly. According to the 2024 World Press Freedom Index by Reporters Without Borders, India ranks 159 out of 180 countries—a sharp fall over the past decade.


1. Corporate Capture and Government Advertising


Many Indian media outlets are owned by conglomerates with close ties to political power. The government uses advertising budgets as a carrot-and-stick mechanism, rewarding friendly outlets and punishing critics. Independent journalism struggles to survive under this pressure.


2. Legal Harassment and Raids


Investigative portals like The Wire, Newslaundry, and Scroll have faced tax raids, defamation cases, and arbitrary FIRs. In October 2023, the homes of editors from Newsclick were raided and their digital devices confiscated. Charges ranged from terrorism to financial irregularities—allegations critics say were designed to silence them.


3. Self-Censorship and Intimidation


Journalists, particularly in conflict zones like Kashmir, face arrest, internet shutdowns, and even death threats. The killing of journalist Gauri Lankesh in 2017 is emblematic of the dangers faced by outspoken voices. Many now self-censor to avoid backlash, thereby weakening public discourse.


Social Media Crackdowns


Digital platforms, once celebrated for democratizing speech, are now heavily monitored and regulated.


1. Takedown Orders and Account Suspensions


Platforms like Twitter (now X), YouTube, and Facebook have received numerous takedown orders. In 2021, Twitter initially resisted government orders to block accounts related to farmers' protests but later complied after facing threats of legal action.


2. Manipulated Narratives and Bot Armies


The state and affiliated actors use troll armies to harass critics and amplify pro-government narratives. Disinformation campaigns are often state-backed or tolerated, creating an ecosystem where facts are easily overshadowed by propaganda.


3. Internet Shutdowns


India has led the world in internet shutdowns for several years, with Kashmir bearing the brunt. The world's longest shutdown in a democracy occurred after the abrogation of Article 370 in 2019, lasting over 500 days. The rationale often cited is national security, but the real effect is stifling communication and dissent.


Targeting Civil Society and Academia


Beyond media and online platforms, civil society and academic institutions have also come under attack.


1. NGO Restrictions


Thousands of NGOs have lost their licenses under the Foreign Contribution (Regulation) Act (FCRA), effectively paralyzing grassroots work. Amnesty International India shut its operations in 2020, citing "an incessant witch hunt" by authorities.


2. Criminalization of Activists


Prominent human rights defenders like Sudha Bharadwaj, Anand Teltumbde, and Father Stan Swamy (who died in custody in 2021) have been arrested under UAPA for alleged links to Maoist groups—charges widely criticized as fabricated.


3. Campus Crackdowns


Universities like Jawaharlal Nehru University (JNU) and Jamia Millia Islamia have seen heavy police presence, student arrests, and surveillance. Dissent in campuses is often branded as “anti-national,” stifling critical thought and intellectual freedom.


Implications for Democracy


The cumulative impact of censorship and surveillance is devastating for a democracy. A society where fear overrides speech cannot foster innovation, social justice, or meaningful public engagement. The marginalization of dissent undermines the checks and balances that keep authoritarianism in check.


1. Erosion of Public Trust


When journalists, activists, and intellectuals are portrayed as enemies of the state, the public loses faith in these institutions. Distrust replaces dialogue, and society becomes polarized.


2. Chilling Effect on Speech


Self-censorship becomes normalized. Citizens avoid speaking out against injustice, fearing reprisal. This inhibits democratic participation and erodes the moral fabric of society.


3. Global Image Damage


India’s international reputation as a democratic leader in the Global South is increasingly tarnished. As global watchdogs and human rights organizations raise red flags, India risks losing its moral authority in international forums.


Resistance and Resilience


Despite the crackdown, resistance continues.


Independent media outlets like The Caravan, Article 14, and Scroll continue to report courageously.


Civil society groups persist in legal battles and advocacy campaigns.


Youth-led protests, such as those against the Citizenship Amendment Act (CAA), have demonstrated the enduring spirit of dissent.


The Supreme Court, while often cautious, has occasionally stepped in—such as ruling that internet access is a fundamental right or curbing the misuse of sedition law.



Conclusion


The essence of democracy lies not in unanimity, but in the space for disagreement. India’s trajectory toward silencing dissent through censorship and surveillance jeopardizes its democratic credentials. While national security is a legitimate concern, it cannot be an excuse to muzzle voices, criminalize opinions, or monitor every citizen.


To restore its democratic ethos, India must embrace transparency, reform archaic laws, establish robust data protection, and safeguard institutional independence. Only then can the promise of the Indian Constitution—justice, liberty, equality, and fraternity—be truly realized.