Indian Cyber Law And Telegraph Act Should Be Immediately Repealed And Reenacted By Parliament

PRAVEEN-DALAL-MANAGING-PARTNER-OF-PERRY4LAW-CEO-PTLB1What exactly is the role of Parliament? The most common answer would be to enact Laws from time to time. However, Parliament also has a role to not only weed out outdated Laws but also to repeal and reenact “Constitutionally Sound Laws”. If Parliament allows Outdated and Unconstitutional Laws to continue that would create Chaos and Anarchy and question the very concept of “Separation of Power in India”.

In the Indian context, we have thousands of Laws that were enacted during the British rule. Now they have well served their purpose and they should not be part of Indian Laws. However, they are still alive on the Indian Statute books only to be declared Unconstitutional in many decades of legal proceedings.

Surprisingly, Indian Parliament is not at all interested in passing “Dedicated and Constitutional Laws” in the fields of Privacy, Data Protection (PDF), Unique Identification Cards (Aadhaar), Central Monitoring System (CMS), Telephone Tapping And Surveillance Laws in India, Cyber Security, Cyber Forensics, E-Discovery, E-Governance, E-commerce, etc.

Instead, Parliament has “Abdicated its Duties” and has allowed the Indian Executive to take its role through issuing various “Executive Orders”. For instance, Authorities like Unique Identification Authority of India (UIDAI), National Intelligence Grid (NATGRID), etc are functioning in an “Unconstitutional Manner” simply on the basis of Executive Orders. What is worst is that the Indian Government has been “Luxuriously Spending” the hard earned “Public Money” on these “Unconstitutional Authorities and Projects”.

One such Outdated and Unconstitutional Law that deserves “Immediate Repeal” is the Information Technology Act, 2000.  Another similar Law is the Indian Telegraph Act, 1885 that is the “Biggest Hurdle” for “Judicial Review” of Illegal and Unconstitutional Phone Tapping Directions in India. Collectively Laws like the IT Act, 2000 and Indian Telegraph Act, 1885 and Projects and Authorities like UIDAI, NATGRID, Central Monitoring System (CMS), etc are openly violating the Civil Liberties Protection in Indian Cyberspace.

It is a good time for Indian Parliament to interfere and start functioning as per the “Constitutional Obligations” under the Constitution of India. Why we always need a Tragedy or Street Dharna to push Indian Parliament to pass Crucial Laws in India. Recently, the Lokpal and Lokayuktas Act, 2011 tested the Legitimacy of Indian Parliament. The Indian Parliament was “Force” to pass the Jan Lokpal Law due to present “Political Conditions” and Street Dharnas. This is really unfortunate that our Parliament works only “Under Pressure” and “Civil Disobedience Movements”. At least for a single time, the Parliament of India must act timely and “Repeal and Reenact” the IT Act, 2000 and Indian Telegraph Act.

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  1. Pingback: Intelligence Bureau (IB) Expediting The Testing Of VOIP Interception System In India | Global ICT Policies And Strategies And Indian Perspective

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