Cyber law enforcement and cyber crimes in India
There is a lack of cyber law training to the police, lawyers, judges, etc in India. Cyber security and cyber forensics capabilities are missing in India as the government of India seems indifferent towards the �ICT reforms�.
CYBER LAW in India is an essential part of Information and Communication Technology (ICT) regulations in India. ICT has brought before the government of India (GOI) certain challenges that it was not willing to accept and rectify. The worst among them are coming in the form of technology-assisted terrorism and cyber terrorism. Realising the importance and necessity of a robust and sound techno-legal framework in India, ‘Perry4Law’ sent few letters through e-mails to the President, Prime Minister, MPs, Department of Information Technology (DIT), Department of Science and Technology (DST), CERT-IN, etc.
This campaign was initiated before the Parliament’s winter session started so that the suggestions and recommendations contained in them may be incorporated in the government policies. The letters pertain to the legality of the proposed Information Technology (Amendment) Bill, 2006 and establishment of robust and ICT-efficient national security objectives.
Simultaneously, the Union Cabinet cleared the proposal to set up a National Investigation Agency (NIA), which is expected to streamline all terror probes, bringing them under one umbrella. NIA is being set up to tackle terrorism, insurgency and cyber crimes. The Central Bureau of Investigation (CBI) is also planning to train its officers to investigate cases pertaining to terrorism and cyber crimes. The CBI has also set up a Cyber Crime Investigation and Research Cell to inculcate cyber law knowledge among its officers.
Despite these efforts, the law enforcement and intelligence agencies in India seem to be helpless in front of modern technological crimes like cyber crimes in India, terrorism and cyber-terrorism. India needs to tackle this problem as soon as possible. However, nothing concrete is happening in this direction. So where does the problem lie?
According to Praveen Dalal, a leading techno-legal specialist, “The problem seems to be multi-faceted in nature. Firstly, the cyber law of India contained in the IT Act, 2000 is highly deficient in many aspects. Thus, there is an absence of proper legal enablement of ICT systems in India. Secondly, there is a lack of cyber law training to the police, lawyers, judges, etc in India. Thirdly, the cyber security and cyber forensics capabilities are missing in India. Fourthly, the ICT strategies and policies of India are deficient and needs an urgent overhaul. Fifthly, the Government of India is indifferent towards the ’ICT reforms’ in India. This results in a declining ranking of India in the spheres of e-readiness, e-governance, etc. While International communities like European Union, ITU, NATO, Department of Homeland Security, etc are stressing for an enhanced cyber security and tougher cyber laws, India seems to be treading on the wrong side of weaker regulatory and legal regime.”
We need to stress upon sound cyber laws with effective law enforcement. We need to train police, lawyers, judges, etc for ICT-related laws and procedures. However, nothing is going to happen till the matters are taken care of at the national policy level.
.It is a shame that the government of India and parliament has once again failed India. Despite the suggestions and recommendations by techno-legal experts like Mr. Praveen Dalal (Managing partner of Perry4Law), the government and parliament took the Information Technology Amendment Bill, 2006 very negligently and casually. In the shadow of useless political agendas and issues, important issues like National Investigation Agency Bill, 2008 (NIA Bill, 2008), IT Act Amendment Bill, 2006, etc were passed like burdens upon the parliament. Not even a single voice was heard while deciding the fate of crores of Indians. One thing is for sure. The new Information Technology Act, 2000 (IT Act, 2000) would be a big mockery of the parliamentary ideals on the one hand and citizens right to a safe and secure IT environment on the other. India has set a really bad example before the whole world and citizens of India are really ashamed of this approach of parliament.
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