Recently the Supreme Court of India delivered a judgment for the case named Shreya Singhal v. Union Of India (24th March 2015), Writ Petition (Criminal) No.167 Of 2012 (PDF). This is a significant case as it covers many crucial aspects of cyber law of India. However, the true impact and interpretation of this judgment is yet to evolve.
We have already covered one of the aspects of this judgment. According to Praveen Dalal Supreme Court’s judgment on Section 66A is a big blow for Cyber Law Due Diligence in India (PDF). This has happened as the Supreme Court has “read down” few sections and rules under the IT Act 2000 that would have serious repercussions in the near future.
According to Praveen Dalal, the Supreme Court’s intentions were good as it was saving the otherwise “Unconstitutional” sections and rules by reading them down and making them Constitutional. However, although the Court has saved these sections and rules from being declared Unconstitutional, it has also made their applicability in Indian context very complicated and against the interests of Indian Cyberspace, opines Praveen Dalal.
Both Congress and BJP governments are guilty of not fulfilling the roles assigned to them by the voters. Further, Indian Parliament has also become redundant these days as no effective laws are being passed by it for the past few years. As a matter of fact it is doubtful whether we have separation of powers in India as on date.
According to Praveen Dalal, both Cyber and Telegraph Laws of India need urgent repeal as better laws must be formulated in their place. He also believes that India urgently needs a Techno Legal Framework to deal with Digital India and Cyberspace related issues. However, nothing has happened in this direction and this is a grave cause of concern as a “Dormant Parliament” is not a healthy sign for a country like India, opines Praveen Dalal.
Praveen Dalal has also suggested that after the Section 66A judgment, Narendra Modi government must bring urgent amendments to the Cyber Law of India. At a time when others are still interpreting and praising the judgment, he is the first one to provide critical inputs and suggestions regarding the judgment.
Both Congress and BJP governments have already tarnished their images and reputation by supporting Section 66A. Supreme Court of India must be congratulated for bringing order to the chaos created by our Executive and Parliament, opines Praveen Dalal. However, the “Rippling Effects” of Section 66A must be anticipated by Modi government in advance and its must start working on the “Appropriate Amendments” as soon as possible, says Praveen Dalal.
We at Centre of Excellence for Cyber Crimes Investigation in India (CCICI) hope that Modi government would consider these suggestions this time and act in the best possible interest of India setting aside its own biases and ideologies.