The government of India has recently come up with the proposed information technology amendment Act, 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
The rajya sabha and lok sabha have acted not only hastily but also irresponsibly while passing the IT Act Amendment Act, 2008. Surprisingly, till now the amended bill has not been notified 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,
Similarly, 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.