The inaction on the part of our Indian Parliament to enact a Constitutionally Sound Cyber Law of India has forced Indian Supreme Court to rescue Civil Liberties of India in a “Piecemeal Manner”. However, we must understand that this Piecemeal Approach would not serve any purpose and the ultimate recourse would be to repeal the Cyber Law of India.
Let have a brief account of the way Cyber Law has been shaped in India. The Cyber Law of India was enacted in the form of Information Technology Act, 2000. It was amended by the Information Technology Amendment Act, 2008 that incorporated E-Surveillance and Civil Liberties Violation Provisions.
The IT Act 2008 was passed without any Debate and Discussion in the Parliament. Both Congress and BJP Governments were “guilty” of imposing Unconstitutional and Illegal Provisions upon Indian Citizens.
Subsequently, the “Route of Drafting Unconstitutional Rules” was adopted and many Rules were framed by our Executive that was simply passed by the Parliament of India as a “Burdensome Formality” without any Discussion and Debate.
As always happened, Indians accepted these Rules and Amendments without any protest. Now they are facing the troubles that were protested against in the year 2009 itself when India became an E-Police State.
We have reached a situation where it can be safely said that “When Rights Are Outlawed, Only Outlaws Will Have Rights”. In order to exercise your Civil Liberties you have to “break” the Cyber Law of India that is not only Illegal but also Unconstitutional.
Once we have accepted the Cyber Law of India, we have no right to criticise it. If at all we are interested in protecting our Civil Liberties, we have to challenge the “Entire Cyber Law” and insist upon formulation of a “Constitutionally Sound Cyber Law of India.