Saturday, May 25, 2013

How dare one !

How dare one !
When I and wife Nutan had filed a Writ Petition in Allahabad High Court, Lucknow Bench in May 2012 as regards section 79 of the IT Act and  Information Technology (Intermediaries guidelines) Rules 2011 where Rule 11 says that the intermediary shall publish on its website the name of the Grievance Officer and his contact details, we never knew there would be so many twists and turns in the sory and so many unknown facts will come in open.
The latest fact in our knowledge came through the order of the Secretary of the Electronics and IT 
Department , Government of India. It has an Annexure attached with it which us as regards the 
meeting chaired by IT and Electronics Minister on 29 November 2012.
In the minutes of the Meetings at Annexure to the Secretary’s order it is clearly written that all 
Internet Service Providers (ISPs) in India have implemented the provisions of the IT Rules and have 
accordingly designated Grievance Officers. But the foreign ISPs are not complying with the provisions 
of the Rules. 
In the meeting it also came to fore that while the foreign ISPs say designating Grievance officers is 
not practical and request that a particular email may be notified to enable grievances to be redressed,   
many a times this is also not being followed.
The minutes of the meetings talk of Department’s Group Coordinate Dr Gulshan Rai mentioning that 
such a case of designating emails for posting grievances did not work in the recent past. The Government 
posted the grievances and the request for disabling such an information to Twitter. However, there was
 no response from Twitter nor was any action taken on the requests made by the Government. Later it
 was admitted by Twitter that they could not locate the said request made from the Government to the 
designated email account. 
As a consumer and as a concerned person of this Nation, our endeavour is only to assist in getting rid of 
this situation. At the same time, it looks rather strange to know that a Government Department could not 
enforce its writ and its own rules, that too from commercial organizations. To me it seems that the reason
 for such a situation is not the company’s extended will but the lack of appropriate will to ensure the law 
of the land. The moment the law enforcing agencies decide not to allow any foreign company to violate 
the laws, no company will dare to do so. These Service Providers are earning crores of rupees from this 
country, they will never try to lose this market. Hence, it is time all the law enforcing agencies understand 
this fact in its totality.

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