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A Public Interest Litigation (PIL) has been filed in the Delhi High Court, raising concerns over the surge in spam calls since the announcement of the Delhi state legislative assembly elections.
The petition highlights that these calls, made by various organizations and political parties, infringe upon citizens’ Right to Privacy under Article 21 of the Indian Constitution.
The bench comprising Justice Devendra Kumar Upadhyay and Justice Tushar Rao Gedela is set to hear the plea today.
According to the PIL, these unsolicited calls aim to spread hatred, bias, and misinformation, damaging the reputation of political parties and preventing the public from making an impartial choice in the elections. The petition alleges that these calls are strategically designed to push a particular party’s agenda, promising freebies in exchange for votes while warning that opposition victories could lead to the withdrawal of these benefits. This, it argues, fosters public resentment and manipulates voter sentiment, undermining the democratic process.
The plea further contends that such calls breach citizens’ privacy by misusing their personal data for political gains. “These parties are flouting the law and placing themselves above the Constitution of India, disregarding fundamental rights for their own political agendas,” states the petition.
Seeking judicial intervention, the PIL urges the court to establish strict guidelines to curb the dissemination of defamatory and misleading political advertisements during elections. It requests that authorities take decisive action, including penalizing violators, revoking their election symbols, or even cancelling their candidacies if found guilty of using malicious propaganda. Given the impending elections, the plea emphasizes the urgency of these measures to ensure a fair electoral process.
Additionally, the petition calls for the Telecom Regulatory Authority of India (TRAI) to clarify how spammers have been able to operate unchecked, violating privacy rights. It demands accountability from TRAI and urges action against Respondent No. 3 for failing to regulate, monitor, and prevent the misuse of spam calls.
The PIL also seeks directions for the Aam Aadmi Party to immediately cease the dissemination of defamatory content that could unfairly influence voters and distort democratic principles.
As the Delhi High Court takes up the matter, the petition underscores the need for stricter regulations and enforcement mechanisms to protect citizens from intrusive, misleading, and manipulative campaign tactics, ensuring that elections remain free and fair.
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