A Public Interest Litigation (PIL) has been filed in the Delhi High Court, highlighting the alarming situation in the public domain since the notification for the Delhi state legislative assembly elections.
The petition alleges that the public domain is inundated with spam calls from various organizations and political parties promoting their campaigns, thereby infringing on citizens’ Right to Privacy, which is protected under Article 21 of the Indian Constitution.
The bench of Justice Devendra Kumar Upadhyay and Justice Tushar Rao Gedela will hear the plea today.

The PIL states that these calls, orchestrated with the intent to spread hatred, bias, and malicious content, have not only harmed the reputation of political parties but also violated the public’s right to make an unbiased choice in electing their representatives.
The plea further highlights that the spam calls promote the agenda of a specific political party, urging the public to vote for them in exchange for promised freebies. The calls allegedly warn that if the opposition wins, these benefits will be withdrawn, creating public animosity and prejudice. Such material, the petition states, has the potential to tarnish the image of rival parties and manipulate public opinion, ultimately compromising the democratic process by influencing voters’ decisions in a biased and unfair manner.
The plea further states that the public is facing a clear breach of their privacy rights, with their personal information being exploited to serve the interests of certain political organizations. “These parties, the petition asserts, are flouting the law and positioning themselves above the Constitution of India, disregarding citizens’ fundamental rights in pursuit of their own political agendas,” the plea said.

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The PIL seeks directions for the establishment of guidelines to address the gaps and shortcomings in curbing the dissemination of vilified and malicious material used for political advertising during elections. It further requests that Respondent No. 1 be directed to take necessary and strict actions, including de-recognizing or cancelling the candidature or election symbol of violators, or imposing penalties, for spreading such harmful material in the public domain. “This action is particularly urgent, as the petition argues, given the proximity of the upcoming elections, which could be influenced by such biased and prejudicial content,” it said.

The plea also seeks directions to the Telecom Regulatory Authority of India (TRAI) to issue a clarification on how such spammers have been able to operate and violate citizens’ right to privacy, which is protected under the Constitution. It calls for action to be initiated against Respondent No. 3 for failing to monitor, curb, and supervise the issue of spam calls effectively.

Additionally, the plea seeks directions to the Aam Aadmi Party (AAP) to stop the dissemination of vilifying material in the public domain, which is creating a negative influence on voters and undermining the democratic process.