Tap down

It is absolutely undeniable that the degree of threat India faces from organised terrorism requires government surveillance. We live in an age of electronic communication,and a duly constituted authority should have the power to examine emails and phone transcripts if suspicions are justifiably aroused,just as they have the power to search businesses and homes.

Yet such power must necessarily be constrained,in a liberal state,by procedures that enforce accountability and restraint. Without such processes,there is no reason to suppose the state will not overstep itself,and serious invasions of privacy might happen. Finding a balance between privacy and security is an essential quest for modern,tech-savvy societies; and,in each case,the logical answer has been to ensure that duly accountable structures are put in place to examine each occasion in which individual privacy is breached for the sake of collective security. Reports that the government is seriously addressing the question of how often,and with what degree of care,investigative agencies in the states access private telephone conversations should be seen in this light. While the Centre has not accepted an earlier recommendation that the income-tax authorities be denied the power to tap phones a recommendation that this newspaper welcomed it is at least trying to ensure that authorities in the states use similar powers with circumspection.

It is also vitally important to ensure that the records of such taps,some of which have possibly found their way to the public domain in the past,be better secured. The Centre wants records destroyed within 48 hours if permission has not been granted for the tap after the fact usually by the home secretary of the state in question. This has been objected to by several states. Yet it is undeniable that the tapping process needs greater efficiency and accountability,and the states should work with the Centre to make sure that it happens. Furthermore,accountability for each tap should be imposed; if a leak should occur,there needs to be prosecution,with the possibility of stern,speedy punishment if guilt is proven and electronic measures should be put in place that allow guilt to be proven if it exists. In some cases,security trumps liberty. But never,in a liberal society,does it trump accountability.