The PIL has been filed by advocate Chandresh Jain difficult Sections 17,18,19,20, 21, 23, 29, 33, 34, 36, 37 and 44 of the DPDP Act, 2023 learn with Guidelines 17-23 of the DPDP Guidelines, 2025. He has additionally challenged the schedule to the Act, which prescribes penalties for violation of the Act’s provisions.
In line with Jain, these provisions go towards residents’ rights beneath Articles 14, 19, and 21 of the Structure.
As per the petition, Part 17 permits broad authorities exemptions from core knowledge safety obligations. Sections 18 to 21 set up the Knowledge Safety Board and outline its powers and functioning. The petitioner argues that the board is solely managed by the federal government.
Sections 23 and 29 present the appellate framework to TDSAT, after which to the Supreme Courtroom of India, escaping any “appellate or supervisory jurisdiction of the Excessive Courts”.
Additional, Sections 33 and 34 present for heavy monetary penalties, Part 36 empowers the federal government to name for info, and Part 37 permits blocking non-compliant platforms. Part 39 bars civil court docket jurisdiction, and Part 40 grants the federal government huge rule-making powers. In the meantime, Part 44 amends the RTI Act. It’s Jain’s case that the modification restricts residents’ proper to info of public curiosity.
