Rap on knuckles
In a significant rebuke to creeping gubernatorial arrogance, the Supreme Court has finally placed a constitutional mirror before the conduct of some of India’s Governors.
The Supreme Court on Thursday dismissed a petition seeking to direct the Centre to ban the operations of WhatsApp alleging that it does not function in conformity with the new Information Technology Rules (IT Rules).
A bench comprising Justice M M Sundresh and Justice Aravind Kumar dismissed the plea by a software engineer Omanakuttan KG stating that the updated privacy policy openly mentions that the application will store, access, and use the personal data of its users, including the battery remaining on their devices, which are a grave violation of the right to privacy.
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Earlier, the petitioner had approached the Kerala High Court seeking directions to the central government to ban WhatsApp if it does not comply with the orders issued by government authorities.
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In June 2021, the Kerala High Court dismissed the PIL for being ‘premature’. Thereafter, the petitioner moved to the top court.
The petitioner claimed that there was a wide scope of manipulation at the user end and it was not viable to trace the origin of a message being circulated on the application.
The petition had alleged that WhatsApp had implemented a separate privacy policy in Europe in compliance with their laws and it refuses to comply with the laws in India, which is a glaring incongruity.
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