The Executive branch is generally considered as the most powerful and dangerous branch all over the World. India is definitely no exception to this rule. The real problem arises when the Government has a “Free Go” to do whatever it likes and the Judiciary becomes a “Moot Spectator”. In that case, the Constitution in general and the Human Rights in particular looses their “Significance and Impact”. Surprisingly, this scenario is very “Commonly Found’ all over the World. The”Judicial Activism” astonishingly stops at this point of time and the concept of “Suo-Motu Action” becomes an alien concept.
This is the point and stage at which “Totalitarianism” creeps in and the laws are imposed upon the citizens of the concerned Nation. We have been witnessing such “Draconian Laws” all over the World these days. As far as India is concerned, it just entered the “League” by suggesting (it has yet to become an applicable law) the Information Technology Amendment Act, 2008 (IT Act, 2008) that contains provisions which are bound to be abused very soon.
The first thing that is worth noticing about the IT Act, 2008 is that it has been passed without any “discussion or debate” by the Parliament of India. Many laws were passed in similar fashion within few minutes. This is not the “Mode and Manner” that the Constitution of India has prescribed for law making in India. This episode has just shown that the Government of India (GOI) is just interested in “basic formalities” without meeting the “Rigours and Mandates” of the Constitution of India (COI). The heavyweight concepts like “Democracy”, “Parliamentary Democracy”, etc just proved mere words having no significance for and restrictions against the Parliament at all. All that the GOI is interested in is some law, howsoever bad and offensive it may be, to fall back upon and justify its illegal and unreasonable actions in future. It failed to appreciate that a law must be “Just, Reasonable and Fair” to escape the clutches of Articles 14, 19 and 21 of the COI. Otherwise it would be declared as “Unconstitutional” by the High Court(s) or the Supreme Court of India.
Now the IT Act, 2008 is violative of Article 14, 19 and 21 and other Fundamental Rights on “Numerous Counts” (would be discussed separately and subsequently). However, the GOI is “Very Strongly Interested” in pushing it further despite all odds. With the unreasonable and illegal e-surveillance provisions in the IT Act, 2000 and other deficiencies, the floodgate of litigations would be opened soon.
However, what would happen if neither Executive nor Judiciary would be “Interested” in challenging and analysing this “Unconstitutional Law making”? The answer is very simple. The modern version of “Private Defense” would come into play with full rigours and beyond the capacity and capabilities of GOI. To give an example let us consider the cases of “Blocking of Websites” by GOI in the past. The GOI has blocked various websites from time to time. However, Netizens found the methods of bypassing the same by relaying the traffic through “Proxies”. A site not accessible in India can be accessed through US, UK or at any other place through this mode.
The GOI must understand that it is wasting Crores of hard earned public money on “Futile and Unconstitutional Actions”. This way they are not going to catch the real culprits but would only harass the innocent victims and Netizens.
This initiative has been primarily undertaken to suggest relevant policies and strategies to the Government of various Nations in general and Government of India in particular regarding valid, legal and constitutional e-surveillance and e-actions. At the same time this platform would also suggest various “Techno-Legal Measures” to avoid illegal, unreasonable and unconstitutional e-surveillance and e-excesses by various Governments. To achieve this purpose this platform would suggest both “Technological” as well as “Legal” measures.
Needless to mention that this initiative intends to “Safeguard” the interest of law abiding Netizens alone and is not a platform for criminals and offenders to settle their scores against the respective Governments. All suggestions, strategies, measures, etc suggested at this platform are subject to the “Disclaimer” available at this site. Readers and viewers of this site must act on their own discretion after duly consulting the Legal and Law Enforcement Personnel.