Wednesday, June 1, 2011

Cyber Security In India

Cyber security in India is not upto the mark and is an ignored world. Further, India has no cyber security policy and strategy that can be implemented under any legal framework. Merely mentioning that India has formulated a cyber security strategy or policy is not enough till it has a force of law.

One area that India has not touched at all pertains to enactment of cyber security laws. Till now we have no cyber security laws in India. Of course, one or two vague provisions have been incorporated in the information technology act, 2000 (IT Act 2000) of India that happens to be the sole cyber law of India.

Even the cyber law of India is weak and ineffective in tackling the fast growing cyber crimes in India. Many of the provisions contained in the IT Act 2000 have crossed the limits of constitutionality. This has made a dominant part of Indian cyber law unconstitutional. In fact, so bad is the position that a need to repeal the cyber law of India has been felt these days.

So we have neither a policy/strategy for cyber security nor legal framework for its implementation. All we have are uncodified and non implementable words that have no significance and legal value.

India has faced many cyber attacks in the past. Many of them were not detected for a very long period of time. Indian websites are regularly defaced by cyber miscreants. Cases of cyber espionage are rampant in India. Sensitive and strategic defence forces and ministries computer systems are frequently breached and sensitive data is occasionally stolen.

Perry4Law and Perry4Law Techno Legal Base (PTLB) firmly believe that it is high time for India to formulate effective cyber security policies/strategies and cyber security laws in India. Further the cyber law of India must also be repealed and a strong and robust law must be enacted that is also constitutionally and legally sound.

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