India Is Blind Towards Cyber Law, Cyber Security And Cyber Forensics

Information Technology Act 2000 (IT Act 2000) of India deals with E-governance, E-commerce, Cyber Contraventions and Cyber Crimes. However, it is a poorly drafted law and badly implemented legislation. It is weak and ineffective in dealing with growing Cyber Crimes in India as it is the most “Soft and Cyber Criminal Friendly Legislation” of the World.

Indian Cyber Law is the exclusive cyber law that has made cyber crimes “Bailable”. This means that if a person commits the offence of Cracking, he must be released on bail as a “Matter of Right”.

Department of Information Technology (DIT) India is the main department that was responsible for the enactment of IT Act 2000. However, its upgradation and amendment is the responsibility of Ministry of Law. Law Minister Veerappa Moily has not played a pro active role in the use of Information Technology for Legal and Judicial purposes.

Whether it is E-courts, Online Dispute Resolution (ODR), Cyber Law or Cyber Forensics, Law Minister has not paid enough attention to incorporate the same in Legal and Judicial System of India.

Similarly, the Home Ministry of India is also responsible for some of the aspects of Legal System of India. For instance Home Minister P. Chidambaram has not paid any attention towards Cyber Security and Cyber Forensics. The same is not only relevant for the Legal System of India but also for the National Security of India. Issues like Cyber War and Cyber Terrorism have also skipped the attention of Home Minister.

Instead of improving the situation, DIT India, Law Ministry and Home Ministry are stressing too much upon E-surveillance and illegal snooping powers that have no “Procedural Safeguards and Guidelines” under the IT Act 2000.

With so many Government Departments responsible for various aspects of Cyber Law, Cyber Security and Cyber Forensics, India is heading nowhere. It would be better if a “Single Department” is entrusted with the responsibilities of Cyber Law, Cyber Security and Cyber Forensics so that India can have “Guided and Committed” actions in these crucial directions.