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.