Saturday, 28 March 2015

Supreme Court Erred In Reading Down Section 79(3)(b) And Rule 3(4): Praveen Dalal

The judgment of Shreya Singhal v. Union of India (24th March 2015), Writ Petition (Criminal) No.167 Of 2012 (PDF) is not just about Section 66A but many other sections and rules as well. For instance, Section 79 of IT Act 2000 and Rule 3 of Information Technology (Intermediaries Guidelines) Rules, 2011 have also been analysed by Supreme Court.

As the constitutionality of these provisions was challenged, Supreme Court had limited choices. Supreme Court preferred to narrow down these provisions to keep them operational and constitutional. But it has not been realised at what cost this has been done.

Indian cyber law has never been appropriate since its inception. Too much stress is given to suppress civil liberties and enhance e-surveillance. However, it has now reached a stage where immediate steps must be taken to protect civil liberties in cyberspace on the one hand and projects like Digital India on the other. This is also the high time to leave politics and do positive things for Indian masses.

Source: Cjnews India.

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