Cyber Law In India: Where Are We Heading To?

February 14th, 2009 - 6:00 pm ICT by VKS ( 9 comments )

Cyber security is a big challenge for India. The government of India is not only unaware about the basics of cyber security but is also adamant about not bringing suitable changes. Whatever positive development that has taken place in India pertaining to cyber law, cyber security and cyber forensics can be attributed primarily to Mr. Praveen Dalal (http://reclaiming-india.blogspot.com/), Managing Partner of Perry4Law (http://perry4law.com/index1.htm). The government of India has recently come up with the proposed information technology amendment bill, 2008 that was passed by both rajya sabha and lok sabha without even a discussion or debate. It is only after the strong protest by Perry4Law and Mr. Praveen Dalal that the government is now considering to review its decision before finally coming out with the amended information technology act, 2000. Let us hope the government would seek the expert advice and suggestions of cyber law experts like Mr. Praveen Dalal before finally coming out with the act.

An interesting development that has taken place after the proposed IT Amendment Bill, 2008 is that ASSOCHAM and some others cyber law observers have endorsed and accepted the views and stand of Perry4Law and Mr. Praveen Dalal. They are also insisting upon including provisions for a strong cyber law and effective cyber security in the ultimate IT Act, 2000. It is good to see that even the Indian Judiciary and Supreme Court of India have now endorsed the opinion and vies of Mr. Praveen Dalal and Perry4Law (http://www.thaindian.com/newsportal/uncategorized/it-act-has-to-be-more-deterrent-justice-sirpurkar_100152559.html).

The rajya sabha and lok sabha have acted not only hastily but also irresponsibly while passing the IT Act Amendment Bill, 2008. Surprisingly, till now the amended bill has not been made public by the government of India. It seems the government is not serious about bringing suitable changes in the IT Act, 2000 either due to absence of expertise or due to political reasons. Whatever the reasons may be but the government has no choice but to bell the cat now.

India must appreciate that for a safe and secure cyberspace, we need a good legal framework. The present IT Act, 2000 is a piece make legislation that is weak on the fronts of cyber law, cyber security, cyber forensics, etc. In the absence of a sound legal framework for the ICT systems in India, other e-governance projects of government are also in poor state. As each component of e-governance is related to some other one, a deficiency in the basic legal and technological framework would bring sad results for India. It is high time for India to do some good work in the fields of cyber law, cyber security and cyber forensics.

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9 Responses

  1. Rahul Sharma Says:

    Nice article dude. Send a copy to government of india so that they may take some action in this regard. is someone listening?

  2. Ryan Says:

    VKS (this article’s author) is a sock puppet for Praveen Dalal. Clicking on VKS even links directly to Praveen Dalal’s website.
    Lame.

  3. Smith Says:

    Nonsense Ryan. firstly, i have personally checked the site and it is a mentorship platform. If Mr X is mentor how can someone put Rayn or some other expert as the opinion provider. secondly, most of the newspapers in india are taking interviews of many self claimed cyber law experts. does it makes the newspapers or websites their sock puppet. seems u r criticising for the sake of criticism. it would be better if you add some valuable input and give constructive criticism pointing specifically towards the lacunas of the article. otherwise keep quite and give ur own article so that we can analyse ur intellectual level.

  4. Ryan Says:

    The article refers to Praveen Dalal in the second person even though it is written by them. Hyping yourself online by making up bogus accounts that say nice things about you is sock puppetry, and it seems like that is what is going on with this article.

    There is other content to the article besides repetitions of the idea that Praveen Dalal is an awesome dude, and that content may have merit on its own. I do not mean to judge the article as a whole; it is simply not classy to promote yourself through proxy accounts.

  5. Pritam Says:

    Nice article. However the comments have really shifted the focus of the article from India to mr dalal. Kindly talk about the article and no person. further kindly do not attack any person or each other and concentrate upon the article. why this immature attitude. if u people have something to say about the article please go ahead but do not involve third parties or platforms. To ryan and smith with request.

  6. confused citizen Says:

    can someone please inform me whether the bill in question has been granted assent by the president of india and whether the govt notified the same?

  7. Poll Says:

    how about a poll from indian citizens for ascertaining whether the proposed bill is good or bad, needed to be introduced or scrapped, weaknesses and its strength, etc? this is a constructive method of dealing with the situation.

  8. little less confused citizen Says:

    dear confused citizen. the government has not at all shown the details of the proposed bill and other supplemental proceedings. whatever details we are getting are from private sources that cannot be trusted at all. there are conflicting reports about the bill being granted assent by the president. one report says it has received the assent whereas another says it has not. as far as the ebforcement of the bill is concerned, till now the bill has not been enforced and thus the unamended it act 2000 is the cyber law of india for the time being.

  9. Hans from Mauritius Says:

    If the law is strengthen it will be nice as there are too many abusing of technology. And hacking is becoming a great threat to cyberspace.

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