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What is common between foreign technology companies
and websites and their Indian counterparts? The answer is non
compliance with Indian laws especially the cyber law of India. Indian
telecom companies like Tata Teleservices Limited and Airtel are
openly flouting the cyber
law due diligence requirements of India and complaints
against them have been filed at Department of Telecommunication (DoT)
and Telecom Regulatory Authority of India (TRAI).
The
proposed e-mail policy of India has been suggested to
decrease the dependence upon foreign e-mail service providers.
However, before we do that we must make our own house in order. If
companies like Tata Teleservices Limited and Airtel openly disregard
the laws of India what respect we can expect from foreign companies.
Indian government has been trying to force companies
like Facebook,
Google, etc to establish servers in India. Similarly, the
Internet
telephony and VOIP service providers must establish servers in India
very soon. However, isn’t it partiality and adopting double
standards on the part of Indian government by putting pressure upon
foreign companies and leaving Indian companies untouched?
By not complying with the Information
Technology (Intermediaries Guidelines) Rules, 2011 (PDF)
companies like Tata Teleservices Limited and Airtel are actually
committing cyber crimes and cyber contraventions. As per the
Information Technology Act, 2000 both these companies and the
defaulting officials are liable to be prosecuted. Even their telecom
licences can be suspended/cancelled and fine be imposed by DoT.
When Tata Teleservices Limited and Airtel are least
bothered about Indian laws we can never expect compliance from
foreign companies. Indian government in general and DoT in particular
must take punitive and stringent action against Tata Teleservices
Limited and Airtel to set an example before the whole world.
Otherwise, we can keep on lamenting about non compliance of Indian
laws by national and international companies.
