Cyber law of India has become a nightmare due to growing interference of industrial lobbying in India. Thanks to the cyber criminal friendly nature of our information technology act, 2000 (IT Act 2000), now any cyber criminals can commit almost any cyber crime and go free.This is so because the information technology amendment act, 2008 (IT Act 2008) has made almost all cyber crimes bailable i.e. the cyber criminals are entitled to bail as a matter of right.
Experts feel that, India does not have strong and effective cyber laws to deal with crucial issues like critical infrastructure, cyber security, cyber forensics, etc. India is blind towards cyber law, cyber security and cyber forensics requirements. The IT Act, 2000 is a poorly drafted law and badly implemented legislation. It is weak and ineffective in dealing with growing Cyber Crimes in India as it is the most Soft and Cyber Criminal Friendly Legislation of the World, says Praveen Dalal, Managing Partner of Techno Legal ICT Law Firm Perry4Law and Supreme Court Lawyer.
Another aspect that has made the present cyber law of India unconstitutional is absence of privacy laws and data protection laws in India vis-à-vis e-surveillance and Internet censorship powers. In the absence of Privacy and Data Protection Laws and Unaccountable and Unregulated E-Surveillance Provisions under the amended IT Act 2008, the E-Surveillance, Internet Censorship and Website Blocking Powers cannot stand the “Constitutionality Test” of Constitution of India, opines Praveen Dalal.
The fact is that ministry of communication and information technology (MCIT) has not been performing the functions and duties entrusted to it by Indian government. MCIT needs a complete overhaul and scrutiny of prime minister’s office (PMO).
To start with, MCIT must urgently start the initiative of drafting a new and effective cyber law of India. Once that is done, we can get rid of the bane named information technology act, 2000.
