Self defence in cyberspace may be exercised either against private individuals or against government and its agencies. In both cases, a well established self defence infrastructure must be established at the governmental and individual levels. India urgently needs a proactive self defence mechanism in cyberspace to effectively tackle private and governmental cyber intrusions.Any government agency of India can tap your phone or engages in e-surveillance of your e-mails and other electronic communication without a constitutionally sound law. We have no constitutionally sound lawful interception law in India and phone tapping and e-surveillance in India are done in an illegal and unconstitutional manner.
India is the only country of the World where Phone Tapping and Interceptions are done without a Court Warrant and by Executive Branch of the Constitution of India, informs Praveen Dalal, managing partner of New Delhi based exclusive ICT law firm Perry4Law and leading techno legal expert of India. Phone Tapping in India is “Unconstitutional” and the Parliament of India has not thought it fit to enact a “Constitutionally Sound Law” for Phone Tappings and Lawful Interceptions. Even the Supreme Court’s directions in PUCL case have proved futile and presently the Court is dealing with the issue once more, informs Dalal.
Of all e-surveillance project, nothing is worst than the Aadhar project of India and its implementing unique identification authority of India (UIDAI) headed by Nandan Nilekani. Irrespective of what Nandan Nilekani and Indian government says, Aadhar project and UIDAI are serving a very vicious, evil and nefarious objective of e-surveillance without procedural safeguards. Surprisingly, even Google is censoring results pertaining to Aadhar project and UIDAI and is messing up with search placement results.
India has an exclusive Techno Legal Centre for Protection of Human Rights In Indian Cyberspace (HRPIC). Indian Government must maintain a “Delicate Balance” between National Security requirements and Protection of Fundamental Rights, suggests Dalal.
However, expecting this type of fair and honest behaviour from Indian government and its agencies would itself be unfair. Indian government is least bothered to protect human rights in cyberspace of Indian netizens. Even United Nations (UN) has failed to take notice of this serious situation.
The exercise of self defence against Indian government and its agencies seems to be the only option especially when the Parliament of India has abdicated its role of law making and parliamentary oversight.
