Wednesday, May 9, 2012

Internet And Human Rights In India


Information and communication technology (ICT) has brought many novel challenges before governments, international organisations and individuals in one form or another. ICT has also introduced many challenges that require an appraisal of the rights and obligations of those using ICT in general and Internet in particular.

Human rights protection in Indian cyberspace is an ignored world. Very few are aware of the importance of this issues and even the mainstream media is ignorant about the importance of safeguarding human rights in cyberspace. This is the reason why the traditional mainstream media is occasionally defeated by social media websites these days.

The position of United Nations and human Rights in cyberspace is still not clear. Naturally, human rights protection in cyberspace is still in the process of contemplation alone. UN must realise that protecting human rights in cyberspace is its solemn duty that it has failed to discharge so far.

In the past as well suggestions have been given by many techno legal experts to UN to ensure protection of human rights in cyberspace. However, this issue seems to be a complicated one as UN is taking lots of time to protect human rights in cyberspace.

The World community on Human Rights, Cyber Law and Cyber Security must start thinking in this direction as issues like Cyber Warfare, Cyber Terrorism, Cyber Espionage, Cyber Crimes, E-Surveillance, Unlawful Interceptions, etc are “Transnational” in nature, says Praveen Dalal, managing partner of New Delhi based law firm Perry4Law and CEO of PTLB and the exclusive Cyberspace Human Rights Protection Centre of India.

Clearly, the United Nations must protect human rights in cyberspace and keep a close watch upon Internet censorship, e-surveillance, human rights violations in cyberspace and similar activities.

Take the example of India. The lawful interception law is needed in India and the same is still missing despite contrary governmental claims. Till now, phone tapping in India is not constitutionally performed. The truth is that big brother in India is violating Indian constitution and even courts are silent on this aspect.

Indian government has been taking many steps that are strengthening its e-surveillance and censorship capabilities without meeting the constitutional requirements. For instance, the central monitoring system project of India,  national cyber coordination centre (NCCC) of India, national intelligence grid (Natgrid), national counter terrorism centre (NCTC) of India, Aadhar project of India, etc are all proposed without any legal framework supervising and justifying their functioning.

It is high time that UN must take notice of such developments worldwide.