Authored By: Lavanya Prakash
Bharati Vidyapeeth, New law College, Pune Maharashtra
Abstract: –
Sanchar Saathi is a government portal designed to protect individuals from digital theft.[1] Sanchar Saathi is a citizen-centric initiative of the Department of Telecommunications (DoT) to empower mobile subscribers, strengthen their security, and increase awareness. This app has both advantages and disadvantages. One advantage is that it reduces cybercrime, enables individuals to safeguard their personal databases, and penalizes cybercriminals. And the disadvantage is that without strong data protection and proper safeguards, the system could expose personal data to misuse or unnecessary monitoring. We can say that this portal plays a dual role in the field of telecommunication. There are several Court judgments like[2] K.S. Puttaswamy v. Union of India, (2017) 10 SCC 1 4. As it highlights that the Right to privacy is a fundamental right[3] Recognized by the Supreme Court under Article 21.
Introduction: –
This era is the era of digital communication. These days, everything is online, whether it involves buying or selling items.[4] It marks a significant shift from traditional analog systems to digital ones, fundamentally transforming the way we communicate, work, and interact with the world around us. The rapid increase in digital communication and mobile connectivity has brought convenience on an entirely new scale; despite this, an alarming rise in crimes involving digital impersonation, telecom misuse, and online financial exploitation.
In this evolving digital world, the Government of India launched the Sanchar Saathi Portal to enhance transparency, safety, and accountability within the telecom sector. The significance of this initiative has increased considerably, particularly following recent cases of widespread phishing attacks and fake SIM registrations, which highlighted weaknesses in subscriber verification and telecom oversight. [5]Sanchar Saathi is designed to safeguard phones, mobile connections, and identities, ensuring devices cannot be cloned, and SIMs cannot be duplicated. Users can report lost or stolen phones and flag suspected fraudulent communications. But the application’s permissions seek to extend well beyond their stated ambit.
[6]The Internet Freedom Foundation said in its statements: “Clause 5 of the Directions refers to identifying acts that ‘endanger telecom cybersecurity’, an expression so vague that it invites function creep as a benign IMEI checker. [7]In effect, the state is asking every smartphone user in India to accept an open-ended, updatable surveillance capability on their primary personal device.”
What the Government Order Says: –
[8]The (DoT’s) Department of Telecommunications order mandates that –
i-All smartphone manufacturers must pre-install the Sanchar Saathi app on every new device.
ii-The app must also be installed on existing handsets through a software update.
iii-Companies must ensure the app’s features are “not disabled or restricted”.
iv-Mobile manufacturers must report compliance to the DoT within 120 days.
v-All phones manufactured or imported after 90 days of the order must come with the app preloaded.
Why Apple and Samsung Are Concerned
[9]Apple has indicated it may not be able to comply with the order in its current form. Sources say Apple will discuss the directive with the government and look for a “middle path”, as the mandate conflicts with its tightly controlled privacy architecture. Samsung is also reviewing the order and is expected to discuss it with the Centre, reports PTI.
[10]“Apple will discuss the order on the Sanchar Saathi app installation and work out a middle path with them. The company may not be able to implement the order in the current form,” an industry source told PTI.
Background and Need for Sanchar Saathi
[11]The platform was introduced to tackle the widespread problem of mobile phone-related crimes, which had been rising sharply across India.
- Cybercrime Surge: Cybercrime incidents reported to the [12]Indian Computer Emergency Response Team (CERT-In) increased from 15,92,917 in 2023 to 20,41,360 in 2024.
- SIM and Identity Fraud: The platform was needed to combat the illegal issuance of SIM cards using forged Know Your Customer (KYC) documents and the use of legitimate documents to obtain multiple connections for fraud.
- Mobile Theft and Cloning: The prevalence of stolen mobile phones and devices with tampered or cloned International Mobile Equipment Identity (IMEI) numbers posed a serious threat, as these devices are often used in criminal activities.
- Financial Scams: The rise of scams like Digital Arrest Scams and other financial fraud linked to mobile communication made a centralized, easy-to-use reporting and blocking mechanism essential for user safety.
[13]People’s Union for Civil Liberties (PUCL) and Ors. Vs. Union of India (UOI) and Ors. and [14] Kharak Singh vs. The State of U.P. and Ors. these two are the landmark cases that shaped India’s understanding of privacy and state surveillance. In the Kharak Singh case, the Supreme Court examined police surveillance on a suspected criminal. It held that practices like nighttime visits to a person’s home were unconstitutional because they intruded on an individual’s personal liberty. Although the court did not fully recognise a separate right to privacy at that time, it clearly stated that the state cannot interfere with a person’s private life without proper legal authority. Many years later, in the PUCL case, the Court dealt with the issue of telephone tapping and declared it a serious violation of privacy. It also laid down strict safeguards to prevent misuse, such as requiring written authorisation, limiting the duration of tapping, and setting up review committees. Together, these two cases show that any form of State surveillance must be lawful, justified, and reasonable, and they laid the foundation for the full recognition of the right to privacy in the Puttaswamy judgment.
Research Methodology
This article employs a doctrinal research methodology, primarily analyzing existing legal materials, including statutes, judicial decisions, government notifications, and scholarly writings. The research draws on credible, authoritative online legal sources, including official government portals, reputable legal websites, and published articles. These sources have been carefully examined to understand the legal framework, objectives, and emerging challenges associated with the Sanchar Saathi initiative, with a focus on its implications for telecom regulation and the right to privacy. In addition to general online sources, I referred to AIROnline and Manupatra, two widely recognised legal research platforms.
Since this article is based entirely on existing literature and judicial precedents without conducting fieldwork, surveys, or interviews, the research is clearly doctrinal and analytical in nature. Doctrinal because it examines law through cases and statutes, and analytical because it evaluates how these legal principles apply to the functioning and implications of the Sanchar Saathi portal.
Legal framework
The Sanchar Saathi Portal operates within India’s existing constitutional and legal framework governing the telecommunications sector. It is primarily guided by the [15]Indian Telegraph Act, 1885, which grants the Central Government the authority to regulate telecom services to safeguard public safety and protect national security. This Act authorizes the Department of Telecommunications (DoT) to direct telecom service providers on matters relating to subscriber verification and lawful interception.
[16]The Telecom Regulatory Authority of India Act, 1997, is another key law that instituted TRAI to regulate the growth of telecom services and protect consumers. The Department of Telecommunications has issued guidelines on KYC compliance, SIM verification, and the blocking of unauthorized connections, which together provide the practical foundation for the operation of the Sanchar Saathi Portal. Constitutionally, the initiative implicates Article 21, which safeguards the right to life and personal liberty. In light of the Supreme Court’s decision in [17]Justice K.S. Puttaswamy v. Union of India (2017), privacy is now a well-established fundamental right under Article 21. Therefore, any state-led collection or processing of personal and telecom data must satisfy the tests of legality, necessity, proportionality, and procedural protection. Thus, the Sanchar Saathi Portal must follow these constitutional safeguards to ensure that personal privacy is not unjustifiably infringed.
Judicial Interpretation
Although there is no direct Supreme Court judgment exclusively on the Sanchar Saathi Portal, its legal validity and functioning must be understood in light of established judicial precedents on surveillance, privacy, and state control over communications.
In [18]Kharak Singh v. State of Uttar Pradesh (1962), the Supreme Court initially adopted a narrow view of privacy, holding that the Constitution did not explicitly guarantee a right to privacy. However, the Court acknowledged that excessive surveillance could violate personal liberty under Article 21. This case laid the early foundation for later privacy jurisprudence.
Subsequently, in [19]People’s Union for Civil Liberties (PUCL) v. Union of India (1997), the Supreme Court examined the legality of telephone tapping under the Telegraph Act. The Court ruled that phone tapping is a serious breach of privacy and is lawful only when strict procedures are followed. Detailed guidelines were issued to prevent arbitrary surveillance, emphasizing accountability and transparency.
Another key legislation is the [20]Telecom Regulatory Authority of India Act, 1997, which led to the creation of TRAI to promote the systematic development of telecom services and safeguard consumer interests. The regulations and directions issued by the DoT on KYC compliance, SIM verification, and the disconnection of unlawful connections serve as the functional foundation of the Sanchar Saathi Portal. The Court held that informational privacy is an essential aspect of personal liberty and any infringement must meet constitutional standards. When these constitutional principles are applied, the Sanchar Saathi initiative appears to serve a legitimate governmental objective by addressing concerns such as telecom fraud, identity theft, and the misuse of mobile connections. However, judicial precedents emphasize that any such regulatory measure must be proportionate and supported by sufficient safeguards to prevent the abuse of personal data. In this context, courts are likely to scrutinize whether the portal limits data collection to what is strictly necessary, restricts access to authorized authorities, and provides an effective mechanism for grievance redressal.
Critical Analysis
Although Sanchar Saathi aims to protect citizens, it also presents certain legal and practical challenges. One of the major concerns is the absence of a strong data protection law in India. The portal collects sensitive personal and telecom data, yet there are few clear rules on data retention, sharing, and deletion.
Although the Sanchar Saathi Portal is intended to be a citizen-oriented initiative, it presents several legal and practical challenges. A significant challenge arises from the absence of a robust and adequately enforced data protection regime in India. While handling sensitive user and telecom information, the portal provides insufficient guidance on data storage duration, data exchange practices, and secure deletion methods.
In practice, awareness about the portal remains uneven, particularly in rural areas. A key issue is that many users lack the digital skills needed to access and use the portal effectively. In comparison, jurisdictions like the European Union, under the General Data Protection Regulation (GDPR), impose rigorous requirements on governments to ensure transparency, obtain user consent, and guarantee accountability. India’s current legal framework does not provide such extensive protections, underscoring the pressing need for stronger data safeguards.
Recent Developments and Policy Perspective
In recent years, the Government of India has actively promoted Sanchar Saathi as part of its broader Digital India and cybersecurity strategy. The portal has introduced new features, including reporting lost or stolen mobile phones, verifying unauthorized SIMs linked to Aadhaar numbers, and blocking fraudulent connections, all aimed at strengthening user trust.
The government has defended the initiative as a necessary response to rising cybercrime, phishing scams, and fake SIM rackets. Media reports have largely welcomed the portal for empowering consumers, though concerns regarding privacy and data misuse continue to be debated by legal scholars and civil society groups.
The ongoing discussions around the Digital Personal Data Protection framework are particularly relevant. Once fully implemented, such legislation may provide clearer legal safeguards for platforms like Sanchar Saathi, ensuring a better balance between state security interests and individual privacy rights.
Suggestions: –
- Strengthening Legal Framework:
India should create and properly implement a full-fledged data protection law to address current shortcomings. Such legislation must clearly define data collection, storage, sharing, and deletion practices, ensuring citizens’ privacy rights are safeguarded. The framework should also include provisions for imposing stringent penalties in the situation of misuse or unauthorized access.
- Judicial Oversight:
Courts can play a proactive role in ensuring that platforms like Sanchar Saathi comply with constitutional privacy standards. Periodic judicial review of the portal’s functioning, particularly regarding data retention and access, can help prevent abuse and maintain public trust.
- Transparency and Accountability Measures:
The DoT and telecom operators should publish clear policies regarding data handling, grievance redressal mechanisms, and audit reports. Transparency in operations will build public confidence and reduce the risk of data misuse.
- Periodic Policy Reforms:
The legislature should periodically review and update telecom and data protection laws to address emerging technological challenges. This will ensure that initiatives like Sanchar Saathi remain relevant, secure, and citizen-friendly in a rapidly evolving digital ecosystem.
Conclusion
The Sanchar Saathi Portal represents a significant step toward enhancing transparency, security, and accountability in India’s telecom ecosystem. Grounded in the Indian Telegraph Act, 1885, and operating under the constitutional mandate of Article 21, the portal aims to prevent fraud, identity theft, and misuse of telecom resources. Judicial precedents, including [21]PUCL v. Union of India and [22]Justice K.S. Puttaswamy v. Union of India emphasizes that such initiatives must respect citizens’ fundamental right to privacy and adhere to principles of legality, necessity, and proportionality.
Despite its benefits, the portal faces challenges, including gaps in data protection, risks of over-surveillance, and limited digital literacy among users. Looking at frameworks like the EU’s GDPR shows the need for better safeguards and clearer governance. Moving forward, India must strengthen its legal framework, enhance judicial oversight, and promote digital literacy to ensure that initiatives like Sanchar Saathi remain citizen-friendly while upholding privacy rights.
Ultimately, the success of Sanchar Saathi will depend on balancing technological innovation with constitutional principles. While it aims to create a secure and accountable digital environment, its true measure lies in its role in ensuring the privacy and rights of all users.
References/Bibliography
- Websites
- News Articles
- Wikipedia
- Online News
- Legal Databases
[1]https://sancharsaathi.gov.in/#:~:text=Sanchar%20Saathi%20is,citizen%20centric%20services.
[2]https://indiankanoon.org/doc/91938676/
[3]https://indiankanoon.org/doc/1199182/#:~:text=In%20another%20landmark,entire%20constitutional%20scheme.
[4] https://citizenside.com/technology/what-is-digital-age/#:~:text=It%20marks%20a%20significant%20shift%20from%20traditional%20analog%20systems%20to%20digital%20ones%2C%20fundamentally%20transforming%20the%20way%20we%20communicate%2C%20work%2C%20and%20interact%20with%20the%20world%20around%20us.
[5] Vedant Lakhera, ‘Sanchar Saathi (and the state) wants a permanent seat on your phone.’
The Hindu (India, 03 Dec, 2025)
[6] Vedant Lakhera, ‘Sanchar Saathi (and the state) wants a permanent seat on your phone.’
The Hindu (India, 03 Dec, 2025)
[7] Kul Bhushan, ‘After Backlash, India Rolls Back Mandatory Pre-loading Of Sanchar Saathi App.’<https://www.msn.com/en-us/money/other/after-backlash-india-rolls-back-mandatory-pre-loading-of-sanchar-saathi-app/ar-AA1RD3o2#:~:text=31K%C2%A0Followers-,After%20Backlash%2C%20India%20Rolls%20Back%20Mandatory%20Pre%2Dloading%20Of%20Sanchar%20Saathi%20App,-Story%20by%20Kul>
[8] Arpita Ghose, ‘Sanchar Saathi Controversy Explained: Why a Phone Security App Sparked India’s Biggest Privacy Row’ Times Now (India, 02 Dec, 2025)
[9] Arpita Ghose, ‘Sanchar Saathi Controversy Explained: Why a Phone Security App Sparked India’s Biggest Privacy Row’ Times Now (India, 02 Dec, 2025)
[10] The Economic Times, ‘Apple to discuss Sanchar Saathi app order with govt, may not follow in its current form.’ < https://www.msn.com/en-in/money/news/apple-to-discuss-sanchar-saathi-app-order-with-govt-may-not-follow-in-its-current-form/ar-AA1RzkC5#:~:text=1.1M%C2%A0Followers ,Apple%20to%20discuss%20Sanchar%20Saathi%20app%20order%20with%20govt%2C%20may%20not%20follow%20in%20its%20current%20form,-1w >
[11] Testbook, ‘Sanchar Saathi, Need, Objectives, Features, Impacts, Limitations & Controversies!’<https://testbook.com/ias-preparation/sanchar-saathi#:~:text=Background%20and%20Need,for%20user%20safety.>
[12] CERT-In, as reported in PIB Release
[13] PUCL and Ors. Vs. Union of India (UOI) and Ors. MANU/SC/0234/2003
[14] Kharak Singh vs. The State of U.P. and Ors. MANU/SC/0085/1962
[15] Indian Telegraph Act, 1885
[16]Telecom Regulatory Authority of India Act, 1997 <https://indiankanoon.org/doc/1171314/#:~:text=An%20Act%20to,or%20incidental%20thereto>
[17] https://indiankanoon.org/doc/91938676/
[18] Kharak Singh vs. The State of U.P. and Ors. MANU/SC/0085/1962
[19] PUCL and Ors. Vs. Union of India (UOI) and Ors. MANU/SC/0234/2003
[20] Telecom Regulatory Authority of India Act, 1997
[21] PUCL and Ors. Vs. Union of India (UOI) and Ors. MANU/SC/0234/2003
[22] https://indiankanoon.org/doc/91938676/
