Does it violate Article 19 (1) of Indian Constitution? As people uses Tik Tok and various other Chinese Apps as a form of expression
- It does not violate Article 19 (1) of Indian Constitution. As in Article
19(2) it is clearly stated that restrictions can be imposed on Article 19
(1) in interest of Public order, Health and Morality. Various Chinese apps
shares the information of individual users with others, it a consideration
of Data Privacy. And amid the tense situation of war between India and
China, people are also criticising Chinese apps and commodities, so it
creates threat to Public order, so it is legal under Article 19(1).
- The law should resemble with Article 14 as law should be just, fair and
reasonable. Article 14 is available to all citizens and non- citizens and
under this all are equal before law but a reasonable classification can be
So the question here is that considering Chinese apps different from
other apps fits under Reasonable classification definition?
- To fit the banning of Chinese apps under reasonable classification (for
example Chinese applications from one perspective and American or all
different applications on the other) two conditions needed to be fulfilled.
In the first place, there is some comprehensible differentia, or recognizing
highlight between the two gatherings. Second, the divergent treatment has a
balanced association with the article that it looks to accomplish.
- But the reason Chinese apps can be made different from others is data
privacy but the question is that complaints related to data privacy were
also got from American apps and other apps. So how one can fit Chinese apps
under the head of reasonable classification.
- So the decision is arbitrary.
Does section 69A of the IT Act empowers government to do this act?
- If one reviews the legality of Aarogya Setu, courts have seldom
been concerned with the lack of particularly enumerated statutory safeguards
in restricting essential rights. As long as the notification
itself adequately has the pressure of regulation (i.e., it's
far contemplated within the present statutory framework) it'd be hard to
argue that the Notification banning Chinese
language apps was not pondered inside the scope of section 69A. The
strategic hobby mentioned inside the Notification that's sought to
be performed also can be seemed as valid, mainly within the context of
the possibility of outside aggression.
In the last I would like to say government can do it legally under the
umbrella of Public order. But this action cannot be said legal if one go by
other view, as Chinese apps itself mentions about data sharing in terms and
people accepts it to use it. So there are different views. But the action is
legal under the umbrella of Public order.