In order to promote e-governance in a comprehensive manner, various policy initiatives and projects have been implemented to develop basic and supporting infrastructure. The most important components of the core infrastructure are State Data Centers (SDCs), State Wide Area Networks (S.W.A.N), Common Service Centers (CSCs), and middleware gateways, namely the National e-Governance Service Delivery Gateway (NSDG), the State e-Governance Service Delivery Gateway (SSDG), and the Mobile e-Governance Service Delivery Gateway (MSDG). Key supporting elements include core policies and policies on security, human resources, citizen engagement, social media, as well as standards for metadata, interoperability, enterprise architecture, information security, etc. The new initiatives include an authentication framework, namely e-Pramaan, and G-I Cloud, an initiative that will ensure the benefits of cloud computing for e-governance projects. Governments are increasingly using the Internet to do their jobs. India`s welfare state has always been plagued by corruption and bureaucracy problems. With the advent of the internet and the increasing penetration of the internet in India, the government began to shift its functions to the internet. India wants to regulate all digital activities through the Information Technology Act 2000. The Act contains detailed provisions on e-governance. This article examines these provisions. Part 1 presents the rationale as well as the technical and legal context for e-governance. Part 2 examines the provisions that form the backbone of e-governance.
Part 3 provides a review of the various provisions of the Act that facilitate electronic administration. Part 4 examines the provisions for the voluntary implementation of e-governance and, finally, Part 5 concludes the legal framework for e-governance in India. (What is the law that provides the legal framework for e-governance in India? (b) 33. Information Technology (Amendment) Act 2008 (a) Indian Penal Code D) None of the above (C) IT-2000 In August 2014, the Supreme Court ordered the central government to respond to petitions from the Internet and Mobile Association of India (IAMAI) alleging that the Information Technology Act gives the government the power to arbitrarily remove user-generated content. [29] On March 24, 2015, the Supreme Court of India ruled that Section 66A is unconstitutional in its entirety. The court said Section 66A of the Information Technology Act 2000 “arbitrarily, excessively and disproportionately interferes with the right to freedom of expression” under Article 19(1) of the Indian Constitution. The subscriber or the person responsible for the IT resource shall, at the request of a mandated authority, extend all possibilities and technical assistance to decipher the information. The subscriber or any person who does not support the ombudsman agency is considered a criminal offence. The Indian government closely links data to citizens` privacy, and this becomes clear when Shiv Shankar Singh states: “Every person must be able to exercise a significant degree of control over this data and its use. Data protection is a legal safeguard to prevent the misuse of information about individuals on a medium, including computers. [43] If a person publishes, transmits or causes to be published any material that is lustful or involves the puritic interest, or if its effect is likely to spoil and corrupt persons who, having regard to all the relevant circumstances, are likely to read, see or hear the material contained therein or incorporated. The law provides a legal framework for e-governance by recognizing electronic records and digital signatures.
It also defines cybercrime and imposes sanctions on it. The law provided for the training of a certificate authority controller to regulate the issuance of digital signatures. It also established a cyber appeals tribunal to resolve disputes arising from this new law. [2] The Act also amended various sections of the Indian Penal Code of 1860, the Indian Evidence Act of 1872, the Banker`s Book Evidence Act of 1891 and the Reserve Bank of India Act of 1934 to adapt them to new technologies. [2] The Information Technology Act is India`s main law dealing with cybercrime and e-commerce. It is based on the 1996 United Nations Model Law on Electronic Commerce. The law was adopted during the 2000 budget session. This law applies throughout India. People of other nationalities can also be legally reported if the crime is a computer on a network in India.
The law provides a legal framework for e-governance by recognizing digital signatures and electronic records. The Act also amended various sections of Indian law to make them compatible with new technologies. The original law contained 94 articles divided into 13 chapters. A significant change was made in 2008. On April 13, 2015, he announced that the Home Ministry would form a committee consisting of officials from the Intelligence Bureau, the Central Bureau of Investigation, the National Investigation Agency, the Delhi Police and the Ministry itself to create a new legal framework. The move reportedly followed complaints from intelligence agencies that they were no longer able to combat online publications concerning national security or incite people to commit a crime, such as online recruitment for ISIS. [40] [41] Former Minister of State at the Ministry of Information Technology, Milind Deora, supported a new “clear section to replace 66A”. [42] A significant change was made in 2008. He introduced section 66A, which criminalized the sending of “offensive messages.” It also introduced Article 69, which gave authorities the power to “intercept, monitor or decrypt information on any computer resource.” In addition, provisions on pornography, child pornography, cyberterrorism and voyeurism have been introduced.
The amendment was passed without debate in the Lok Sabha on 22 December 2008. The next day, he was passed through the Rajya Sabha. It was signed by President Pratibha Patil on 5 February 2009. [3] [4] [5] [6] Data protection regulations introduced in 2011 have been described as too stringent by some Indian and US companies. The rules require businesses to obtain written permission from customers before collecting and using their personal information. This applies to U.S. companies that subcontract to Indian companies. However, some companies praised the strict rules, saying they would eliminate the fear of outsourcing to Indian companies.
[32]. If a person deceives someone with a computer resource or communication National Information Technology Policy 2012.131.28 KB. Saaransh – A compendium of NeGP mission mode projects If a person, including an intermediary, has accessed material containing personal data about another person in the course of providing services under a legal contract, with the intent or with the knowledge that it is likely to cause unlawful loss or gain, without the consent of the data subject or in breach of a lawful contract According to the World Bank, e-governance is when government agencies use information and communication technologies to transform relationships with citizens, businesses, and other government agencies.