Inadequacy of Cyber Laws in India

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Title: Inadequacy of Cyber Laws in India Inadequacy of Cyber-Laws in India*   Introduction: A very simple understanding of the term “Cyber Law” is that it is the law governing Cyber Space. Cyber space is a very wide term and includes computers, networks, software, data storage devices (such as hard disks, USB disks etc.), the Internet, websites, emails and even electronic devices such as cell phones, ATM machines etc.[1] Crime is both a social and economic phenomenon and in today’s world it can be prevalent in our real space as well as cyber space. Thus in order to curb the cyber-crime, Indian Cyber Law was born on 17th October 2000.2 It is the primary source of cyber law in India.3 There are no other sources from which cyber law is derived in India. This act covers all aspects of transactions and activities on and concerning the Internet, the World Wide Web and Cyberspace. It is often wrongly interpreted that cyber law is a technical field but in reality it is a really vast concept with constant need for amendments in the law. Every action and every reaction in Cyberspace has some legal and Cyber legal perspectives. With the increasing number of people spending majority of their time in cyber space there was an immediate need to introduce laws for the cyber space. This paper will talk about the legitimacy of cyber laws in India. Moreover the existing legislations and rules need to be reviewed again as they are inadequate for today’s society. Cyber laws are applicable to everyone ranging from registering the domain name to emailing anyone. Infact every activity which one pursues on the internet is governed under the cyber law. This paper will give a deep insight into the cyber laws of India and critique on its shortcomings and inadequacy in certain fields in India. Moreover the article will point out the limitations of the cyber laws in India and do a brief case study on the law. The cyber law concept being still new in India there is a vast playground for it to improve considerably. Also we have found out that since the past few decades the importance of cyber law has vastly improved.4 The researcher will highlight the key issues and state various landmark cases like Avnish Bajaj Vs. State (N.C.T.) of Delhi.5 A notable notion can be taken from the declaration of the independence of cyberspace by John Perry Barlow, Switzerland: "We will create a civilization of the Mind in Cyberspace. May it be more humane and fair than the world your governments have made before." A Declaration of the Independence of Cyberspace. John Perry Barlow. Davos, Switzerland. February 8, 1996.6 This notion talks about that even though the government may be unfair to the world but in Cyberspace the internet aims to create a humane and a fair situation for everyone. Getting a reality check into this thought we know that it is not possible but with these cyber laws it may be possible to get one step closer to achieving this dream of a utopian mass society in cyberspace. However before jumping to conclusions based on the above statement it will be fruitful to jump into the detailed study of the cyber laws of India to get a deep insight. 5 Avish Bajaj was the owner of a shopping website on which some obscene mms clipping was posted and he was arrested. 6 https://www.eff.org/~barlow/Declaration-Final.html research methodology: The researcher has primarily relied on the “Observational/Applied Research” methodology. This research is based on studying various articles, textbooks, legislations and cases to understand the cyber laws problem in India. Analytical and Critical methods are used as primary tools in this study to support the arguments of the researcher. objectives of study:
  • To discuss the role of Indian cyber laws as an essential factor in today’s society.
  • To understand the vital role of laws in cyberspace and the factors which can exploit it.
  • To study the inter relationship between the government and the laws in the country which revolve around it.
  • To identify the limitations of the law and its shortcomings.
  • To discuss whether the existing laws are adequate or they need to be made stricter.
research questions:
  • What is the basic aim of the Information Technology Amendment act?
  • How binding is this act today in India?
  • What are the different situations where this act can be used?
  • What role does this act play in regulating cybercrimes in India?
  • What are the shortcomings of this act?
  • Are the existing laws adequate for safe cyber life?
hypothesis: Information Technology Amendment Act 2010 is the primary source of cyber law in India. But this act is not implemented properly in India. There are huge shortcomings in the implementation of this act. Huge cyber-crimes are committed and still the criminals are not charged under this act. This act needs to be heavily revised and be implemented strictly. CHAPTERIZATION: Chapter one deals with the definition of Cyber law and its role in protecting the cyber space of India. Chapter two deals with the historical background of cyber laws and it also deals with its evolution over the years. Chapter three aims to establish the importance of technology and the various ways it can be exploited. Chapter four deals with the short-comings of the cyber law in India and various ways it can be exploited Chapter five sums up the entire research paper in the form of a well-structured conclusion and includes a few suggestions by the researcher. Literature Review
  • 7 years of Indian Cyber Law - Rohas Nagpal: This paper begins with a short outline of the various rules, regulations and orders that have been passed over the last 7 years. It then moves onto a brief discussion on the Indian law relating to cyber pornography and features the Avnish Bajaj (CEO of bazzee.com – now a part of the eBay group of companies) case.
  • Cyber Crime Law in India: Has Law Kept Pace with Emerging Trends? An Empirical Study - Nappinai, N. S: India got its first codified Act in the Information Technology Act ("IT Act), in the year 2000. The scope of this paper is to highlight some important provisions of the cyber-criminal laws in India relating to data protection, privacy, encryption and other cybercrimes and the extent to which the said provisions arm the enforcement authorities to combat not just existing but emerging trends in Cyber Crime.
  • PR & Cyberspace – Indian Perspective - Rohas Nagpal: This book goes into the texhnical aspect of computers and clears various concepts along with new introduction to evolution of technology. It also states the jurisprudence of Indian Cyber Law.
  • Cyber-Laws and Enforcement - Ajmal Edappagath: The article talks about importance of trust and security on cyberspace. It goes into the scope and development of cyberlaws in India. It gives an insight in the future of the cyber law in the country.
  • Cybercrimes & Law – Dr. Amita Verma: This textbook talks mainly about cybercrimes and the laws revolving it. It describes various types of cybercrimes and the conceptual framework of the cyberspace. Various legal instances of cyberspace have been portrayed in this book.
  • An Introduction to Cyber Law and Cyber Crime – Dr. R.k. Chaubey: The part C of this textbook gives a detailed introduction of law in cyberspace along with challenges and conflicts revolving around it. It shines a light on the issue of jurisdiction of law in cyberspace along with critical analysis of the IT act 2000.
Bibliography BOOKS:
  • An Introduction to Cyber Law and Cyber Crime – Dr. R.k. Chaubey
  • Cybercrimes & Law – Dr. Amita Verma
CASES:
  • Avnish Bajaj Vs. State (N.C.T.) of Delhi (2005)3CompLJ364 (Del), 116(2005) DLT427, 2005(79) DRJ576
ARTICLES:
  • Ajmal Edappagath, Cyber-Laws and Enforcement, Indian Institute of Management, Ahmedabad Volume 14, No. 3, December 2004.
ONLINE MATERIALS: Page 1
[1] http://www.cccindia.co/corecentre/Database/Docs/DocFiles/india_cyber.pdf 2 http://www.cyberlawsindia.net/Information-technology-act-of-india.html) 3 http://dict.mizoram.gov.in/uploads/attachments/cyber_crime/7_years_of_Indian_Cyber_Law.pdf 4 http://www.cyberlawsindia.net/cyber-india.html
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