Sanchar Saathi Mandate: Security vs. Privacy in the Age of Digital Arrest

Syllabus: Government policies and interventions for development in various sectors and issues arising out of their design and implementation.

Context

  • India faces increasingly sophisticated cybercrimes, including digital arrests, cross-border scams, spoofed IMEIs, and government-impersonation frauds.
  • Criminals exploit a major loophole: messaging accounts function even after SIM removal, enabling anonymous misuse.

Government Directives

  • The DoT issued directives:
    • SIM Binding: User accounts must deactivate if the associated SIM is removed.
    • Mandatory Pre-installation: From March 2026, all new phones must have the Sanchar Saathi app pre-installed to verify IMEI authenticity.

Rationale Behind Mandates

  • Increasing fake/ tampered IMEI usage hampers law-enforcement tracking.
  • Anonymous numbers accelerate digital fraud and impersonation scams.
  • Government argues stronger software–hardware integration is essential for cyber-security.

Key Concerns

  • Overreach and Intrusiveness
  • Directive requires Sanchar Saathi to be visible, accessible, and non-restrictable, implying elevated system privileges.
  • Higher permissions may include access to camera, phone, SMS, raising surveillance risks.
  • Potential for Misuse
      • Elevated access creates vulnerabilities if the app is misused by the State or exploited by malicious actors.
      • Concerns amplified by past incidents such as the Pegasus surveillance revelations.
  • Privacy and Constitutional Issues
    • Under the K.S. Puttaswamy (2017) judgment, any restriction on privacy must satisfy legality, necessity, proportionality.
    • Mandating a high-privilege app fails proportionality, as less intrusive alternatives exist (web portal, SMS checks, USSD codes).
  • Industry Resistance
    • Privacy-focused companies like Apple have reportedly refused compliance due to over-broad permissions.

Conclusion

  • While cybercrime demands urgent action, mandatory pre-installation of Sanchar Saathi risks over-centralisation, privacy violations, and systemic vulnerabilities.
  • Strengthening existing verification tools may offer a safer, proportionate approach without compromising user rights.

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