Despite being a democracy, we do
not have a lawful interception law in India.
Despite being a democratic country, our Parliamentary democracy is in serious
jeopardy. Despite having separation of powers under the Constitution of India,
the same has faded
away and lost its significance these days.
According to Praveen Dalal, managing
partner of law firm Perry4Law and
leading Techno Legal Expert of India, India
is the only country of the World where phone tapping is done without a Court
Warrant and by Executive Branch of the Constitution of India. Phone tapping in India
is “Unconstitutional”
and the Parliament of India has not thought it fit to enact a “Constitutionally
Sound Law” in this regard. Even the Supreme Court’s directions in PUCL case
have proved futile and presently the Court is dealing
with the issue once more, informs Dalal.
With the passing of the
information technology amendment act 2008, India
became a safe heaven for cyber criminals. Even now DoT is planning rules
under the IT Act 2000 that is again a piecemeal
effort.
India
needs a comprehensive lawful interception law, effective
and strong cyber law, better telecom policies, good legal framework
for law enforcement and intelligence agencies and many more crucial
legislations
Source: Cjnews
India for more.
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