Wednesday, October 28, 2009

Information Technology (Amendment) Bill, 2008 of India

Information Technology (Amendment) Bill, 2008 which has been approved by the Rajya Sabha and Lok Sabha is still awaiting approval of the President.

Information Technology Act 2000 (ITA-2000) is by and large, an Act of the Indian Parliament notified on October 17, 2000. It is worthwhile to mention that the United Nations General Assembly by means of resolution A/RES/51/162, dated the 30 January 1997 did accept the Model Law on Electronic Commerce adopted by the United Nations Commission on International Trade Law. This is referred to as the UNCITRAL Model Law on E-Commerce.

It has to be stated that the Government of India, by now, has proposed major amendments to ITA-2000 in form of the Information Technology (Amendment) Bill, 2006, passed by the Cabinet Committee of the Government of India and are prepared for being placed before the Indian Parliament for discussion. Nevertheless some substantial developments have taken place in all these years and the bill is known as, at the moment, Information Technology (Amendment) Bill, 2008 which has been approved by the Rajya Sabha and Lok Sabha. The Bill is still awaiting approval of the President along with the formal notification.

There has been the inclusion of many changes, as already said, and at the same time it does incorporate the recommendations made by the Parliamentary Standing Committee.  What surprises many persons is the dearth of media recognition afforded to the amendment. Apart from this the amendment was passed in 26 minutes the 22nd of December 2008 along with 4 other bills, and another 8 in just 17 minutes the next day. This indicates that there was hardly any debate on what should have been very contentious laws.

Dr.Tabrez Ahmad,
Associate Professor of Law,
KIIT University, Bhubaneswar, India,
Research Papers:

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