Making of profit at the cost of violation of laws of
the land is not a feasible option. However, in India this seems to be
the norm. For instance, e-commerce
websites in India are engaging in punishable soft porn publication
and Indian government is sleeping over the matter.
The information technology act, 2000 (IT Act 2000)
governs the internet
intermediary laws in India and cyber due diligence. The IT
Act 2000 is also the cyber law of India that deals with and regulates
online dealings and transactions.
We have no dedicated e-commerce
laws and regulations in India but the IT Act 2000 governs
the civil and criminal aspects of e-commerce dealings in India. IT
Act 2000 has also prescribed the internet
intermediary liability in India.
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.
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.
According to Praveen Dalal, managing partner of New
Delhi based ICT law firm Perry4Law
and leading techno legal expert of Asia, E-Commerce Websites in India
are not very keen in Complying with the Laws of India, especially the
Cyber Law of India. What is more surprising is the fact that even the
Indian Government has not thought it fit to regulate the E-Commerce
Websites operating in India, says Dalal.
The Cyber Law of India prescribes stringent Cyber
Law Due Diligence Requirements in India that E-Commerce
player sin India must follow. If they do not follow Cyber Due
Diligence, they can be Criminally Prosecuted by the Government,
opines Dalal.
It seems the e-commerce websites selling adult
merchandise like costumes and lingerie erotic lingerie are violating
the laws of India. It is high time for Indian government to give due
importance to law over private gains. It is also a good time for
these e-commerce websites owners to understand that anonymity in the
cyberspace is a myth and they can be nailed anytime.
