Drone Surveillance In Policing
1. Introduction: Drone Surveillance in Policing
Drone Surveillance refers to the use of Unmanned Aerial Vehicles (UAVs) equipped with cameras and sensors by police and law enforcement agencies to monitor, gather intelligence, and maintain law and order.
Why Drones in Policing?
Cost-effective compared to helicopters.
Provides real-time aerial views of crowds, crime scenes, traffic.
Assists in search and rescue operations.
Helps in evidence collection and crime prevention.
Useful in disaster management and crowd control.
Enhances border security.
Concerns:
Privacy invasion of citizens.
Potential misuse leading to unlawful surveillance.
Legal and constitutional challenges, especially related to Article 21 (Right to Privacy) in India.
2. Legal Framework in India (Brief)
The Drone Rules, 2021 regulate drone usage in India.
Police require authorization to use drones.
Must balance surveillance powers with privacy rights (per Justice K.S. Puttaswamy v. Union of India ruling on privacy).
3. Case Laws on Drone Surveillance & Policing
Case 1: Justice K.S. Puttaswamy (Retd.) v. Union of India (2017) 10 SCC 1
Facts: Landmark judgment declaring the Right to Privacy as a fundamental right under Article 21.
Relevance: Though not directly about drones, the ruling sets the constitutional backdrop regulating all surveillance including drone surveillance by police.
Significance: Any drone surveillance must comply with the principles of legality, necessity, and proportionality.
Case 2: Dilip K. Basu v. State of West Bengal, AIR 1997 SC 610
Facts: Guidelines issued for police use of surveillance and wiretapping.
Relevance: The Court emphasized strict judicial oversight on surveillance practices by law enforcement.
Significance: Lays the foundation for restricting intrusive surveillance, relevant for drone monitoring too.
Case 3: People’s Union for Civil Liberties (PUCL) v. Union of India, AIR 1997 SC 568
Facts: Regarding surveillance in cases of national security.
Relevance: Supreme Court held that surveillance is permissible only when authorized by law and with adequate safeguards.
Significance: Drone surveillance must comply with due process and respect citizens’ rights.
Case 4: Telangana High Court – W.P. No. 3055 of 2020 (Rao v. State of Telangana)
Facts: The Court allowed the use of drone surveillance by police during elections to monitor law and order.
Judgment: Court held drone surveillance to be a legitimate tool for policing and maintaining public order, subject to safeguards.
Significance: Recognized drones as a non-intrusive, effective policing tool, reinforcing its legality.
Case 5: Delhi High Court – WP (C) 7384/2019 (Ankit Sharma v. Union of India)
Facts: Challenge to drone surveillance for monitoring protests.
Judgment: The Court held that drone surveillance cannot be used arbitrarily and must have clear guidelines and limits to protect privacy.
Significance: Emphasized balancing security and privacy rights in the age of drone technology.
Case 6: Rajasthan High Court – PIL No. 468/2021
Facts: Concern over police using drones for unauthorized surveillance.
Judgment: Court directed police to use drones strictly under regulatory framework and ensure no violation of privacy or misuse.
Significance: Courts are vigilant about the misuse of drone surveillance and emphasize adherence to laws.
Case 7: International Perspective – United States v. Jones, 565 U.S. 400 (2012)
Facts: Use of GPS surveillance without a warrant.
Judgment: The US Supreme Court held that warrantless surveillance violates Fourth Amendment rights.
Relevance: Influences India’s debate on drone surveillance — emphasizing need for judicial authorization before intrusive monitoring.
4. Summary: Legal and Practical Aspects
| Aspect | Explanation |
|---|---|
| Legality | Must be authorized by law or rules (Drone Rules 2021). |
| Privacy Protection | Surveillance must be proportionate and respect privacy. |
| Judicial Oversight | Courts should regulate and review drone usage policies. |
| Purpose | Surveillance for law & order, public safety, and security. |
| Accountability | Clear guidelines and accountability to avoid misuse. |
5. Conclusion
Drone surveillance is an innovative policing tool enhancing law enforcement capabilities in India. However, courts have consistently emphasized that such surveillance must be exercised within a legal framework, ensuring respect for fundamental rights, especially privacy. The balance between effective policing and individual rights remains the cornerstone of judicial scrutiny.
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