Indian response to technology related laws has always been very poor. This is evident from the fact that we have a single law that governs the cyber law position in India. The cyber law trends in India (Pdf) have proved that India is making no progress in this regard. On the contrary, the trends have proved that the position in this regard has further deteriorated in India.
The year 2000 was a landmark year for the Indian cyberspace as a regulatory framework was introduced to regulate transactions in the Indian cyberspace. As the field was still evolving whatever introduced in the form of information technology act, 2000 was greatly appreciated.
After more than 10 years of its enactment, the Indian cyber law started showing signs of decaying cyber law legislation rather than a maturing enactment. Even the techno legal experts have expressed their dissatisfaction with the present cyber law of India.
According to Praveen Dalal, managing partner of New Delhi based ICT law firm Perry4Law and leading techno legal expert of Asia, the Cyber Law of India should be repealed. According to Dalal, the present Cyber Law of India is suffering from many Irregularities and Unconstitutionalities. He believes that the Cyber Law of India must be scrapped and dedicated laws must be enacted for various fields like Cyber Law, Cyber Security, Cyber Forensics, E-Governance, etc.
These concerns are valid and genuine. The information technology act started as a piece of legislation for e-commerce and e-governance. Now it is transformed into an instrumentality of state oppression and e-surveillance.
Many provisions of the IT Act 2000 are violative of civil liberties protection in cyberspace. Some of the rules and regulations made under the IT Act, 2000 are already challenges before none other than the Supreme Court of India. It would be only prudent if Indian government scraps the IT Act, 2000 and come up with constitutionally valid legal framework.