Delhi court hears challenge to AI surveillance at India student protests

NEW DELHI: A legal challenge to AI-enabled surveillance used during recent student protests in India is set to test the scope of police powers after a demonstrator asked the Delhi High Court to declare mass monitoring of protesters unconstitutional.

Student activist Aishe Ghosh has sought orders for the destruction of personal data collected during the demonstrations and for guidelines governing the use of surveillance technology. The case has continued even after the protest movement ended following the resignation of Education Minister Dharmendra Pradhan and Prime Minister Narendra Modi’s announcement of a panel to overhaul the examination system.

The controversy began during last week’s protests over exam paper leaks, the biggest youth agitation in decades, when demonstrators shared images of a mobile police surveillance van fitted with cameras mounted on a telescopic mast offering a 360-degree view of the crowd.

Court challenge over police monitoring

At a hearing on Friday, Solicitor General Tushar Mehta defended the police action, saying privacy claims at a public gathering were “ironical” and that the checks were “absolutely necessary” and “in legitimate state interest.” In a brief hearing on Monday, judges heard arguments from Ghosh that sweeping surveillance of protesters was disproportionate as she pressed for wider disclosure of the state’s policies on monitoring demonstrations. The matter will be heard again on Tuesday.

Activists say India has no law regulating police use of facial recognition technology and argue that surveillance at the main protest venue in New Delhi breached the law. The government maintains such monitoring was lawful and carried out in the public interest to preserve order.

Questions over facial recognition and data

The Internet Freedom Foundation, a New Delhi-based digital advocacy group, wrote to Delhi’s police commissioner on July 24 demanding deletion of biometric data gathered at the protest site. In a post on X on Sunday, Delhi police said they had not “restricted anyone’s freedom through the use of facial recognition technology”.

Police were also seen writing down Instagram handles of people arriving at the protest venue. Asked why, Inspector Sunil Kumar said the checks were meant to ensure that no one with a criminal background entered the site.

The surveillance van at the protest ground carried the Delhi Police crest and the name “Ikshana”, Hindi for “vision”. Publicly available information on the system appears limited, though its development partner, Indian CCTV company CP Plus, had said in a 2023 website post that the vans used “Advanced AI-powered” cameras, mobile cameras and “Varifocal Bullet Cameras” with adjustable lenses. That post was removed over the weekend.

When a reporter walked past the van last week, a computer screen inside displayed his face inside a green box alongside a “face accuracy” match score. A police officer then shut the van’s window. Police officer Raj Kumar Dahiya said, “The computers here help us identify those who have a criminal history and it highlights them.” He added, “AI also helps us count the number of protesters.”

Akash Karmakar, a technology law partner at Panag & Babu, said, “We need proportionality even if we are to claim national security risks. Accountability must flow both ways.” He said that if facial recognition was used to identify protesters, it should also be available to identify police officers accused of acting without name badges during the crackdown.

Modi’s government has repeatedly faced criticism from opposition parties and digital rights advocates over surveillance and digital controls, allegations it denies, saying its actions are taken in the public interest.