An ineffective cyber law of India and lack of cyber law skills among the law enforcement agencies of India is resulting in increased cyber crimes and offences through the medium of e-commerce websites in India. Further, cyber law awareness in India is also missing that is resulting in increased e-commerce frauds in India.
In these circumstances, e-commerce websites frauds, offences and crimes in India have increased a lot. For instance, the e-commerce sites selling adult merchandise in India are openly violating the laws of India. Similarly, e-commerce websites in India are engaging in punishable soft porn publication and Indian government is sleeping over the matter.
There are well recognised legal requirements to start an e-commerce website in India and the legal formalities required for starting e-commerce business in India. As on date, the e-commerce websites are not following such techno legal requirements. They are also not following the cyber law due diligence requirements of India and are liable for Internet intermediary liability in India.
E-commerce websites dealing with online pharmacies, online gamming and gambling, online selling of adult merchandise, etc are openly and continuously violating the laws of India, including the cyber law of India. However, India government has yet to take action against these offending e-commerce websites of India.
Fortunately, the Supreme Court of India is taking some action in this regard. Recently, the Supreme Court of India has sought response from central government over blocking of porn website sin India. Similarly, the Supreme Court of India has entertained a public interest litigation seeking regulations and guidelines for effective investigation of cyber crimes in India.
The cyber law of India is too weak to tackle cyber criminals effectively. In fact, cyber law of India should be repealed and an effective cyber law must be formulated as soon as possible. The cyber criminals are becoming innovative day by day and our laws are grossly inadequate to deal with the same.
For instance, numerous websites, both Indian and foreign, are violating the cyber law of India by operating illegal e-commerce websites in India. These websites are engaging in illegal trade in wildlife, promising home delivery of live animals, prized animal parts and rare medicinal plants from across nations through simple internet banking formats.
These are transnational crimes where the authorship attribution for cyber crimes is very difficult to establish. Realising this reality, the India’s wildlife crime control bureau (WCCB) is utilising the services of cyber crime experts to trace such cyber criminals. A preliminary inquiry by WCCB bureau’s cyber crime specialists has indicated that nearly a thousand websites are advertising sale and delivery of live animals and animal products protected under the Wildlife Protection Act, 1972 of India and the global convention on international trade in endangered species (CITES).
Surprisingly, most of these websites are popular shopping websites, online classifieds and free ad posting websites, etc. They are clearly violating the cyber law and other laws of India and Indian government is not taking any action against these websites. It is high time to take strict penal action against such illegal e-commerce websites in India.