Archive for ◊ April, 2013 ◊

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• Monday, April 29th, 2013

Project Monitoring Unit (PMU) For Compliance With Section 4 Of RTI Act 2005Recently the department of personnel and training (DoPT) issued guidelines for the effective implementation of section 4 of the RTI Act-2005. Further, the launch of RTI web portal for online filing of RTI application was also effectuated. However, presently the online filing of RTI request and appeal is available only for DoPT.

The proposed portal, developed by NIC, would be a facility for Indian citizens to file RTI applications online. The portal would also work as RTI management information system (MIS). The details of RTI applications received through post would also be entered into this system.

Now the DoPT is planning to set up a project monitoring unit (PMU) to monitor the compliance of guidelines pertaining to section 4 from all the central ministries and departments.

The PMU will coordinate with all ministries and departments and ensure that section 4 for RTI is implemented. The PMU would be headed by the management consultant and supported by senior management associates, management associates and programmers. A circular to this effect was issued by the DoPT last week.

The personnel in PMU are expected to perform the tasks like coordination with the Public authorities, training institutes, NIC, SBI and other agencies etc, mechanisms to be put in place to ensure the quality of service to the stakeholders, review the deliverables from time to time, constitute and monitor the helpdesk to provide end-user support, to devise the capacity building strategies for smooth implementation of web portal and other RTI related projects, evaluation of the feedback from the end-users in consultation with the technical team of NIC, arrange for training workshop of Nodal officers, Central Public information Officers and First Appellate Authorities of the Public authorities of Main Ministries /Departments located at New Delhi, to appraise them about the portal, forecasting and monitoring all spending under the Plan Scheme, follow up on grants given and utilisation certificates,to help IR division in preparing Terms of References for various components, briefingand debriefing, circulation of reports, etc, any other relevant task assigned by the IR division of DoPT.

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Author:
• Tuesday, April 23rd, 2013

E-Commerce Websites In India Must Be Regulated By Indian GovernmentAn ineffective cyber law of India and lack of cyber law skills among the law enforcement agencies of India is resulting in increased cyber crimes and offences through the medium of e-commerce websites in India. Further, cyber law awareness in India is also missing that is resulting in increased e-commerce frauds in India.

In these circumstances, e-commerce websites frauds, offences and crimes in India have increased a lot. For instance, the e-commerce sites selling adult merchandise in India are openly violating the laws of India. Similarly, e-commerce websites in India are engaging in punishable soft porn publication and Indian government is sleeping over the matter.

There are well recognised legal requirements to start an e-commerce website in India and the legal formalities required for starting e-commerce business in India. As on date, the e-commerce websites are not following such techno legal requirements. They are also not following the cyber law due diligence requirements of India and are liable for Internet intermediary liability in India.

E-commerce websites dealing with online pharmacies, online gamming and gambling, online selling of adult merchandise, etc are openly and continuously violating the laws of India, including the cyber law of India. However, India government has yet to take action against these offending e-commerce websites of India.

Fortunately, the Supreme Court of India is taking some action in this regard. Recently, the Supreme Court of India has sought response from central government over blocking of porn website sin India.  Similarly, the Supreme Court of India has entertained a public interest litigation seeking regulations and guidelines for effective investigation of cyber crimes in India.

The cyber law of India is too weak to tackle cyber criminals effectively. In fact, cyber law of India should be repealed and an effective cyber law must be formulated as soon as possible. The cyber criminals are becoming innovative day by day and our laws are grossly inadequate to deal with the same.

For instance, numerous websites, both Indian and foreign, are violating the cyber law of India by operating illegal e-commerce websites in India. These websites are engaging in illegal trade in wildlife, promising home delivery of live animals, prized animal parts and rare medicinal plants from across nations through simple internet banking formats.

These are transnational crimes where the authorship attribution for cyber crimes is very difficult to establish. Realising this reality, the India’s wildlife crime control bureau (WCCB) is utilising the services of cyber crime experts to trace such cyber criminals. A preliminary inquiry by WCCB bureau’s cyber crime specialists has indicated that nearly a thousand websites are advertising sale and delivery of live animals and animal products protected under the Wildlife Protection Act, 1972 of India and the global convention on international trade in endangered species (CITES).

Surprisingly, most of these websites are popular shopping websites, online classifieds and free ad posting websites, etc. They are clearly violating the cyber law and other laws of India and Indian government is not taking any action against these websites. It is high time to take strict penal action against such illegal e-commerce websites in India.

Source: E-Commerce Laws In India.

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