Google has been facing conflict of laws problems in India. While Google is adamant on following the United States laws and polices yet various stakeholders are insisting that Google must adhere to Indian laws as well.
Google has long used the conflict of laws façade and subsidiary argument to evade applicability of Indian laws. This is natural and there is nothing wrong in taking a legal stand like this. What is not understandable is why Indian government is not taking strict actions against Google and its unregulated services in India.
We take a pride in saying that none is above law and rule of law would prevail in India no matter howsoever high a person or institution may be. However, when it comes to Google, Indian government is not willing to take a tough stand against it. The truth is that technology companies like Google are violating laws of India and Indian government is sleeping over the matter.
The present trend shows that cyber litigations against foreign websites would increase in India. However, neither the cyber law of India nor the Indian government’s attitude is strong enough to make the foreign companies afraid of Indian laws.
Companies like Google are also ridiculing the Internet intermediary liability as prescribed by Indian cyber law. They are also deliberately violating Indian laws, including Indian cyber law, and Indian government is looking helplessly in this regard. Indian government must make the commercial operations of foreign companies in India more amenable to Indian laws so that the parent companies located at foreign jurisdictions respect and follow Indian laws as well.
All subsidiary/joint ventures companies in India, especially those dealing in information technology and online environment, must mandatorily establish a server in India. Otherwise, such companies and their websites should not be allowed to operate in India. A stringent liability for Indian subsidiaries dealing in information technology and online environment must be established by laws of India. More stringent online advertisement and e-commerce provisions must be formulated for Indian subsidiary companies and their websites.
The matters touching these aspects have already reached the High Court and Supreme Court levels and if Indian government still remains indifferent towards these issues, suitable directions from our Constitutional courts would be much desirable.