I am an army officer. I have a problem which I think can be solved in none other than this forum.
My BSNL phone nos are being intercepted/ monitored by my wife and my in-laws. We are living separately from past 9 months and I am anticipating 498a and DV shortly. She has already put up a case for maintenece under Army Act by writing frevolous complaints to various senior authorities.
Everytime I purchase a new no, it goes on monitoring, even after getting the new handset. Nos go on interception even when I am not sharing them with anyone else.
If some security agency wants to monitor my number in national interest, its absolutely no problem at all, rather it is welcome. but divulging the same contents to my wife and my in-laws is definitely objectionable. It can clearly be categorised as invasion of privacy.
As per the clause (5) of the Indian Telegraph Act 1885, the power of interception of communication can be used only when it is necessary or expedient to do in the interest of the sovereignty and integrity of India, security of the country, and for friendly relations with a foreign state. Maintenance of public order and prevention of incitement for the commission of an offence also justify the use of phone tapping and other means of communication interception.
The Indian law also mentions that even if the above conditions exist, the procedure of phone tapping is permissible only if carried out in a fair and reasonable manner.
The law also calls for formulation of precautions to be taken for preventing improper interception or disclosure of messages.
However, Section 69 of the Indian Technology (Amendment) Act, 2008 allows any government official or policemen to listen to calls, read SMS / emails and monitor websites visited by any person, if essential, in the interests of the country.
In my case none of the condition is applicable and even if it is applicable i do not think my wife and my in-laws should be privy to my communication.
It is gross misutlisation of govt resources for cheap selfish accomplishments.
Is there no way in this Country to bring the perpetrators to justice?
Is there a way You can help me on this?
Regards