Can Public Initiatives Fill The Governmental Policy Vacuum?

Policies making and their implementation is a governmental task. There is always a big gap between the desired policies and actual policies that are in existence. This, naturally, affects the Nation at large but its consequences are mostly borne by the citizens of that Nation. Although there are many policy lapses in India but the most glaring among them are those pertaining to Information and Communication Technology (ICT).

According to Mr. Praveen Dalal*, the Leading Techno-Legal ICT, Cyber Law, Cyber Security and Cyber Forensics Specialist of India, “India is ignoring the importance of cyber security and cyber forensics. The ICT Trends in India-2006, ICT Trends in India-2007, Cyber Security Trends by PTLB-2007, etc are examples of faulty ICT/E-governance strategies and policies of India. Further, Cyber Forensics Trends in India-2008 are also not conducive for the growth of legal enablement of ICT systems in India. The obvious result is that law enforcement, lawyers, judges, etc find it difficult to deal with issues involving ICT. The position is worst when it comes to investigation of cyber crimes committed through Wireless Networks. We cannot blame law enforcement, prosecution and judiciary in this regard as there is in an absence of proper legislative and policy support in India”.

The natural question that arises in this situation is can “Public Initiatives” fill the “Governmental Policy Vacuum”? There is no doubt about the fact that Government of India does consider the inputs of experts and specialists of respective fields. For instance, the Government of India has recently accepted the recommendations of Mr. Praveen Dalal once again and has announced to amend the Information Technology Act, 2000 (IT Act, 2000), the only cyber law of India, keeping in mind the requirement of cyber forensics in India. A very interesting “National Consensus Building Exercise” regarding development of capacity for legal enablement of ICT systems in India is taking place that has been spearheaded by Mr. Praveen Dalal and the leading Techno-Legal platforms of India like PTLB, PTLITC, etc. All of us must extend our support for this “National Cause”.

Similarly, on public request, a “Working Group on Cyber Law in India” is in the process of being constituted that would take care of the legal enablement of ICT systems in India. The same would consist of leading Organisations, Institutions, Industrial and Professional Bodies, Members of Civil Society and NGOs, Governmental Representatives, Lawyers, Judges, etc who have sound knowledge and expertise in the field of ICT. At the same time assistance and services of “Volunteers” and “Associates” would also be sought who may though not be part of the Working Group but are nevertheless capable of providing ICT policies of India a “Good Shape”.

The answer to the main question posed above seems to be that “Public Initiatives like Consensus Building and Working Groups can fill the Governmental Vacuum”. We need good people who can take the challenging task of building a “Safe and Strong India”. The ultimate question is “Are You the One”? We think, YES you are.

*About Mr. Praveen Dalal
Mr. Praveen Dalal is the Managing Partner of Perry4Law and heading its PTLB, PTLITC, and other Techno-Legal Divisions that are providing Cyber Law, Cyber Security and Cyber Forensics Assistances and Services. Perry4Law is the First and Exclusive Techno-Legal and ICT Law Firm in India and is in operation since 2002. It deals with legal issues associated with ICT and use of ICT for legal purposes. PTLB and PTLITC are few of the Techno-Legal ICT initiatives of Perry4Law and are in the process of upgradation and formalisation. Mr. Praveen Dalal’s specialisations include areas like Cyber Law, Cyber Security, Cyber Forensics, Digital Evidencing, Corporate ICT Compliances, etc.