http://www.rediff.com/news/2005/dec/16parl2.htm The government is once again clueless about the proposed course of action. It is strange that they have invoked section 121(Waging war against the nation). I am happy that they have not imposed "Emergency" as per the provisions of the Constitution of India.
This is bound to happen when the Government failed to bring into tune the IT Act, 2000 with the contemporary standards. The world is advocating for "stringent provisions" and the proposed amendments have "diluted" the criminal provisions further. Similarly, the suggestions of including "Cyber Terrorism" under the IT Act, 2000 also did not find favour with the government. This lack of suitable law results in unnecessary burden on the law enforcement machinery of India. This also will give a chance to raise finger against the police. Now the big question is what police will do when we do not have even the basic "Cyber Law" in India?
It must be made clear at this point that the IPC was enacted in the year 1860. It is high time that a proper amendment must be introduced in the IT Act, 2000 and suitable provisions must be introduced on a “scientific basis” rather that on the basis of “commercial expediencies”.
The maintaining of law and order is the function of a welfare State and succumbing to commercial segments must be avoided. The basis purpose of criminal law is to maintain a balance between the deterrent and reformative aspects. Neither punishment nor laxity should be preferred. The proposed amendments have made every “contravention” and “offence” compoundable, i.e. they can be pardoned by the Adjudicating officer appointed by the government. Now the deterrent aspect of criminal law is missing from the proposed IT Act amendments. The result will be invoking absurd provisions by the government whenever an unfortunate event like the present one occurs.
The government also failed to appreciate the importance of “private defence in cyberspace” and other crucial aspects that are blatantly missing. It is still not too late for the government to reconsider its decision of bringing into force the “deleterious amendments” proposed by it in the IT Act, 2000. The need of the hour is to analyse each section in a different environment and context that advance only public interest. The offences section of the Act needs to be rejuvenated unless India prefers to be a safe haven for cyber criminals.
Praveen Dalal
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