June 12, 2021

IT Rules, 2021

IT RULES 2021

With the expansion in the number of individuals utilizing web-based media, organizations have a generous need to secure the protection of the client. The substance of the message moves through the public web consequently it gets important to secure the substance and keep it between the beneficiary and the sender. In such a case start to finish, encryption is being utilized by these innovation goliaths to secure the protection of their clients. Under this innovation, the messages are encoded with an encryption key, and simply the sender and the beneficiary have this key to interpret the message. In this way, no one noticing the association, including software engineers, government workplaces, and even expert communities, can examine the messages.

Right to security

In 2017 on account of Justice K.S.Puttaswamy (Retired). versus Union of India And Ors, the high court set out that privilege to security is a basic right under the Indian constitution. It was set down in the judgment that the privilege to protection isn’t total and a person’s security benefits can be supplanted by fighting state and individual interests. It was advanced by equity DY. Chandrachud that privilege to protection confines the state from uncalled for obstruction and furthermore obliges it to advance enactment banishing others from doing as such. There were tests set down under which protection encroachment will be assessed.

In Tehseen Poonawala v. Union of India, Back in 2016,  bothered by the increased episodes of cow vigilantism in the country, three people including Tehseen Poonawalla, an extremist legal advisor, documented the writ petitions in Supreme Court. The Supreme court came up with guidelines that can be categorized under preventive, remedial, and punitive measures. The guidelines under preventive measures included

  •  The Central and State governments should take steps to curb and stop the dissemination of violent posts on social media platforms which tend to provoke mob violence and lynching of any kind.
  • Police are to register FIR under Section 153A of IPC and relevant provisions of law against individuals who spread the hateful message on social media platforms which is likely to provoke mob violence and lynching cases.

Also In 2015, a letter was written by an NGO named Prajwala depicting concerns over videos depicting sexual violence leading to which the supreme court had ordered the formulation of a committee to advise the court on ensuring that videos depicting rape, gang rape, and child pornography should not be available for circulation. The websites that do not comply should be penalized for the same. Intermediaries were expected to take responsibility.

 All these developments lead to the formation of Information Technology (Intermediaries Guidelines) Amendment Rules, 2018 It was submitted by Mr. Kapil Sibbal that Whatsapp uses end-to-end encryption so it will not be possible for WhatsApp to remove the content.

The new guidelines were heavily criticized by people calling it an attempt to curb free speech, it was also observed that the traceability requirements as mandated by the guidelines are vague and unnecessary and poses a threat to the privacy of citizens.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

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