The Proposed Information Technology (Amendment) Bill, 2008: Some Reflections
February 16th, 2009 - 11:59 pm ICT by VKS
- A lot of debate is taking place about the proposed IT Act (Amendment) Bill, 2000 and its effectiveness. The web is full of comments from Indian citizens about the inadequacies of various provisions of the proposed bill. If we analyse the Bill, 2008 one thing is for sure. We Indians are going to be in big mess. Whether it is the power of electronic interception and surveillance or child pornography/pornography or cyber terrorism or any other stupid and thoughtless provision, the end result would remain the same, big mess and trouble for all of us. If we analyse the bill in detail it is clear that the hurry and unthoughtfulness of the legislatures has distorted the IT Act, 2000 further to a stage beyond repair. If still they have some common sense remained they must scrap the bill and come up with some good legislative draft. It is not clear whether the President of India has given her assent to the bill or not. If not, it would be a good idea to return the bill for reconsideration.
Some of the recent developments in this regard are very interesting. The legal enablement of ICT systems in India is in grave condition and nothing has been done so far by the Indian government. A few judges of the Supreme Court of India and other High courts have shown their dissatisfaction with the existing cyber law in India. The leading techno-legal expert/specialist of India Mr. Praveen Dalal, managing partner of Perry4law, has also criticised the proposed bill. It gets lot of weightage when someone of his caliber and stature criticises legislation. All these developments have even forced the officers of the government of India to admit that the bill 2008 requires further refinement and strength. The cyber law is heading towards a direction that is definitely not good for India.
While reformulating the bill, the government must keep in mind the requirements of cyber security and cyber forensics expertise that are currently missing in India. The judiciary must also strengthen their e-courts infrastructure and capabilities so that speedy justice may be a reality in India. The reformulated bill must also incorporate provisions in this regard. It would be a good idea to discuss the reformulated bill section wise so that a strong and effective cyber law may emerge. We request the government of India to consider these concerns of ours.
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- amendment bill- - child pornography
- - cyber forensics
- - cyber law
- - cyber security
- - cyber terrorism
- - electronic interception
- - enablement
- - expert specialist
- - government of india
- - grave condition
- - high courts
- - indian citizens
- - indian government
- - legal expert
- - pornography pornography
- - praveen dalal
- - president of india
- - supreme court of india
- - weightage
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February 17th, 2009 at 9:13 am
While scope for improvements exist in every effort of legislation, many of the comments made on ITA 2000 amendment in this article are not supported by facts.
February 17th, 2009 at 10:39 am
ajesh stop your non sense and read the article properly. even despite so many links and info you found this non information than something is wrong with your knowledge about cyber law as you are not able to understand even a single word of the article. Insted of your rumbling go and join some good law school to improve your legal knowledge or ask some good knowldegable person like Mr Praveen Dalal who is the managing partner of Perry4Law. There is no doubt about the facts and truths mentioned in this article. Please do not spoil a platform like Thaindian news with your stupid and non sense garbage.
February 17th, 2009 at 10:44 am
I have observed that ajesh (if at all you are ajesh or a real person)you have a nasty habit of criticising for the sake of criticism. I have also observed that you have deliberately choosen the Thaindian platform. Are you by chance related to print media or online version of the same. Your insecurity and non sensical talks are really annoying. I request the moderator of this platform to block comments from ajesh in future if all he has to say is some non sensical talk.
February 17th, 2009 at 11:59 am
all stupid, foolish; nothing is going to improve with this ammendment if it is passed and implemented as it is.
first, bring some ammendments for improvement of so called corrupt ‘Lokshahi’ so that naked authorities and representatives get sentence to death
February 17th, 2009 at 1:10 pm
Dr Dinesh Zalmi you have the ability and skill to say everything in few words. I really like this but unfortunately i do not have this skill.
Here are my two cents for the drama that is happening in india. I have seen the double standards of the so called cyber law experts of India (mr praveen dalal being the exception having a clear view)who keep on changing their stands from time to time. First they say the amendments are bad then some time later they become good. For the larger interest of india it would be better if there is a clear demarcation between the viewpoints going in favour or against the amendments.
I any case the present cyber law of india is nothing but piece of sections pasted here and there. The proposed amendments would completely make them a rubbish code of language.
February 23rd, 2009 at 1:29 pm
I agree with Dr. Dinesh Zalmi.
Present “Lokshahi” has been totally corrupt. 99% from top to bottom, then you say he is authority or representative, is corrupt.
Breathing of Indian Lokshahi stops with these people. No ammendments required as it goes on.
April 16th, 2009 at 12:21 pm
This article is factually incorrect and now even outdated. This Praveen dalal person is such a fraud and has littered cyberspace with such junk.
April 25th, 2009 at 6:04 pm
hey dude ram u seems to be a big fool with no knowledge of cyber law. there is no difference between u and the chap naavi as both seems to be ignorant of cyber law and still making lot od hye and cry. the amendments have not yet been notified so the article is still valid. take ur garbage somewhere else.
May 21st, 2009 at 11:15 am
The problem is that India has too many self claimed cyber law observers like Na Vijayshanker (Naavi) who are spreading rumours through proxy posts and fictitiousc people. While it is fine to litter their garbage at navi.org yet it is unfair to spoil good platforms like this. The double standards of naavi are very apparent. Firstly he claimed that the amendments have been notified now after Mr. Praveen Dalal taught him some of the lessons about the applicability of law in India, he seems to have been using negative tactics through proxy posts and procy people like ajesh, pulkit shatma of techgoss, etc. Shame on you naavi.
June 20th, 2009 at 10:14 am
Nice article. The fact is that india has a bad cyber law with no direction at all. It is only because of people like praveen dalal that we can have some insight about the true position about information technology law in india. of course, fools like ajesh also exist who even do not know what cyber law is all about. it also seems that the government of india does not wish to proceed further with the proposed information technology amendment act, 2008 as the same is not planned to be notified by it. govt of india be sensible and come up with good provisions and fire the redundant bureaucrats and experts that you are paying for nothing.