Cyberlaw India - Why Cyberlaws In India

India became independent on 15th August, 1947. In the 49th year of Indian independence, Internet was commercially introduced in our country. The beginnings of Internet were extremely small and the growth of subscribers painfully slow. However as Internet has grown in our country, the need has been felt to enact the relevant Cyberlaws which are necessary to regulate Internet in India. This need for cyberlaws was propelled by numerous factors.

Firstly, India has an extremely detailed and well-defined legal system in place. Numerous laws have been enacted and implemented and the foremost amongst them is The Constitution of India. We have interalia, amongst others, the Indian Penal Code, the Indian Evidence Act 1872, the Banker's Book Evidence Act, 1891 and the Reserve Bank of India Act, 1934, the Companies Act, and so on. However the arrival of Internet signalled the beginning of the rise of new and complex legal issues. It may be pertinent to mention that all the existing laws in place in India were enacted way back keeping in mind the relevant political, social, economic, and cultural scenario of that relevant time. Nobody then could really visualize about the Internet. Despite the brilliant acumen of our master draftsmen, the requirements of cyberspace could hardly ever be anticipated. As such, the coming of the Internet led to the emergence of numerous ticklish legal issues and problems which necessitated the enactment of Cyberlaws.

Secondly, the existing laws of India, even with the most benevolent and liberal interpretation, could not be interpreted in the light of the emerging cyberspace, to include all aspects relating to different activities in cyberspace. In fact, the practical experience and the wisdom of judgment found that it shall not be without major perils and pitfalls, if the existing laws were to be interpreted in the scenario of emerging cyberspace, without enacting new cyberlaws. As such, the need for enactment of relevant cyberlaws.

Thirdly, none of the existing laws gave any legal validity or sanction to the activities in Cyberspace. For example, the Net is used by a large majority of users for email. Yet till today, email is not "legal" in our country. There is no law in the country, which gives legal validity, and sanction to email. Courts and judiciary in our country have been reluctant to grant judicial recognition to the legality of email in the absence of any specific law having been enacted by the Parliament. As such the need has arisen for Cyberlaw.

Fourthly, Internet requires an enabling and supportive legal infrastructure in tune with the times. This legal infrastructure can only be given by the enactment of the relevant Cyberlaws as the traditional laws have failed to grant the same. E-commerce, the biggest future of Internet, can only be possible if necessary legal infrastructure compliments the same to enable its vibrant growth.

All these and other varied considerations created the conducive atmosphere for the need for enacting relevant cyberlaws in India. The Government of India responded by coming up with the draft of the first Cyberlaw of India - The Information Technology Bill, 1999. One question that is often asked is why should we have Cyberlaw in India, when a large chunk of the Indian population is below the poverty line and is residing in rural areas ? More than anything else, India, by its sheer numbers, as also by virtue of its extremely talented and ever growing IT population, is likely to become a very important Internet market in the future and it is important that we legislate Cyberlaws in India to provide for a sound legal and technical frame work which, in turn, could be a catalyst for growth and success of the Internet Revolution in India.



	Why Cyberlaws In India

	India became independent on 15th August, 1947. In the 49th year of Indian independence, Internet was commercially introduced in our country. The beginnings of Internet were extremely small and the growth of subscribers painfully slow. However as Internet has grown in our country, the need has been felt to enact the relevant Cyberlaws which are necessary to regulate Internet in India. This need for cyberlaws was propelled by numerous factors. Firstly, India has an extremely detailed and well-defined legal system in place. Numerous laws have been enacted and implemented and the foremost amongst them is The Constitution of India. We have interalia, amongst others, the Indian Penal Code, the Indian Evidence Act 1872, the Banker's Book Evidence Act, 1891 and the Reserve Bank of India Act, 1934, the Companies Act, and so on. However the arrival of Internet signalled the beginning of the rise of new and complex legal issues. It may be pertinent to mention that all the existing laws in place in India were enacted way back keeping in mind the relevant political, social, economic, and cultural scenario of that relevant time. Nobody then could really visualize about the Internet. Despite the brilliant acumen of our master draftsmen, the requirements of cyberspace could hardly ever be anticipated. As such, the coming of the Internet led to the emergence of numerous ticklish legal issues and problems which necessitated the enactment of Cyberlaws. Secondly, the existing laws of India, even with the most benevolent and liberal interpretation, could not be interpreted in the light of the emerging cyberspace, to include all aspects relating to different activities in cyberspace. In fact, the practical experience and the wisdom of judgment found that it shall not be without major perils and pitfalls, if the existing laws were to be interpreted in the scenario of emerging cyberspace, without enacting new cyberlaws. As such, the need for enactment of relevant cyberlaws. Thirdly, none of the existing laws gave any legal validity or sanction to the activities in Cyberspace. For example, the Net is used by a large majority of users for email. Yet till today, email is not "legal" in our country. There is no law in the country, which gives legal validity, and sanction to email. Courts and judiciary in our country have been reluctant to grant judicial recognition to the legality of email in the absence of any specific law having been enacted by the Parliament. As such the need has arisen for Cyberlaw. Fourthly, Internet requires an enabling and supportive legal infrastructure in tune with the times. This legal infrastructure can only be given by the enactment of the relevant Cyberlaws as the traditional laws have failed to grant the same. E-commerce, the biggest future of Internet, can only be possible if necessary legal infrastructure compliments the same to enable its vibrant growth. All these and other varied considerations created the conducive atmosphere for the need for enacting relevant cyberlaws in India. The Government of India responded by coming up with the draft of the first Cyberlaw of India - The Information Technology Bill, 1999. One question that is often asked is why should we have Cyberlaw in India, when a large chunk of the Indian population is below the poverty line and is residing in rural areas ? More than anything else, India, by its sheer numbers, as also by virtue of its extremely talented and ever growing IT population, is likely to become a very important Internet market in the future and it is important that we legislate Cyberlaws in India to provide for a sound legal and technical frame work which, in turn, could be a catalyst for growth and success of the Internet Revolution in India.

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