I really wonder why the term "பாயும்" is used to apprehend or deter some one under Goondas Act. குண்டர் சட்டம் "பாயும்". Why Goondas Act alone "பாயும்" but such an attribution is missing under other acts.Matterku வர்றேன்.
The Chief Minister of Tamilnadu has proposed in the recent Collectors' and Police Officials' meeting that Goondas Act would be invoked to curb cyber crime and even first time offence causing serious impact would entail invoking of Goondas Act. Although there is nothing officially known as Goondas Act,it is being referred to the actual act of "Tamilnadu Prevention of Dangerous Activities Act,1982".
Goondas Act is a Preventive Detention Act that empowers the Law & Order establishment to detain someone to maintain public order even without giving him enough opportunity to proceed with his case through Legal Counsel and without informing him about the ground of arrest which are fundamental rights when detention is made under any other acts.
Constitutionally speaking both the Union and State Governments are empowered to devise such acts in order to maintain public order and to maintain the security of State and with respect to matters connected with maintenance of essential services and commodity.
Though the provision of Preventive Detention under Indian Constitution itself is being termed as Anti-Human in the International Fora due to its utility even under non-emergency exigencies,the practical application of Preventive Detention Acts by the executives vindicates such proposal domestically.
However the increase in number of cyber crimes and its ramification over a larger section of people might necessitate stringent laws to handle such crimes in the current situation.The Nigerian Scam,Financial Data Piracy,Misuse of Communication Devices etc are to be handled with iron hand to protect the larger section of innocent people who are increasingly utilizing
new modes of communication and service without much awareness about its utility and vulnerability.
The Union government's recent decision to directly transfer subsidies to the bank accounts' of beneficiaries would result in infinite no.of people accessing the mobile devices[hand held ATMs] and it is no ones secret that the larger section of those people would be digitally illiterate if not functionally illiterate.This would exacerbate the already soaring impacts of cyber crimes both economically and socially.Also is the growing computer network based sophistication of vital establishments like Defence,Energy,Finance which makes the national security contingent on cyber defence.
Cyber crime is covered under IT Act of Union of India which is the sole legal enactment currently available against act of cyber offences.My friends in Software Industry,please don't get annoyed whether it is Income Tax Act and come to a prejudiced conclusion that government is going to add one more perk of your salary under a taxable component.Rather you can try to lobby the government that your employers' are bringing many of your salary components out of Basic Salary thereby reducing their and your own mandatory contribution to Provident Fund. At least be informed that one such move by government against this malpractice was successfully lobbied by your employers and is deferred.
Information Technology(IT Act,2008) in addition to legalising punishments for cyber offences also legally recognizes electronic transactions(financial,storage) replacing paper based one.But it is notorious for its vague provisions and associated avenues for misinterpretations.Section 66A of the IT Act empowers the law and order establishment to detain some one up to 3 years for sending offensive,menacing,annoying,false,hatred,insulting etc messages through computer and other communication devices.
Sending such messages is certainly abusive if the ambit of such grounds are properly defined and without such clarity it provides larger milieu for the public establishment to utilize the provision arbitrarily.Also no similar provisions with such stringent punishments are available when such messages are sent offline through air,print media.Even the punishment for causing death by negligence is much lesser than that proposed under this law.The recent arrests under this section in Maharastra,Puducherry,West Bengal is a quintessential vindication of such abuse and is even against the Fundamental Right of freedom of speech and expression.
However Freedom of Speech and expression is not extensive and is restricted under certain grounds like public order,decency,morality,relation with foreign nation to name a few.So any comments and discussions that flood in the newer modes of communication have to be on compliance to such legalities without fail.People talking about rights should also be aware of their duties.
Fundamental Duties(Indian Constitution).-
It shall be the duty of every citizens of India-
(a) to abide by the Constitution
Comments about cine actors,political leaders mainly based on their individual personality,abusive languages and videos etc are blatant violation of provisions of freedom of expression and it is high time individuals restrict themselves rather than expecting a third party to discipline them.While the larger part of the society is critical about the misuse of IT Act,many denigrating comments in the internet strictly warrant detention under this act even under the strictest interpretation of the act.I do also believe this act is hence under utilized in addition to being abused.
Deliberate,Discuss,Dissent,Decide are the primary ingredients of a functioning Democracy like ours.
Democratize do not denigrate.
The Chief Minister of Tamilnadu has proposed in the recent Collectors' and Police Officials' meeting that Goondas Act would be invoked to curb cyber crime and even first time offence causing serious impact would entail invoking of Goondas Act. Although there is nothing officially known as Goondas Act,it is being referred to the actual act of "Tamilnadu Prevention of Dangerous Activities Act,1982".
Goondas Act is a Preventive Detention Act that empowers the Law & Order establishment to detain someone to maintain public order even without giving him enough opportunity to proceed with his case through Legal Counsel and without informing him about the ground of arrest which are fundamental rights when detention is made under any other acts.
Constitutionally speaking both the Union and State Governments are empowered to devise such acts in order to maintain public order and to maintain the security of State and with respect to matters connected with maintenance of essential services and commodity.
Though the provision of Preventive Detention under Indian Constitution itself is being termed as Anti-Human in the International Fora due to its utility even under non-emergency exigencies,the practical application of Preventive Detention Acts by the executives vindicates such proposal domestically.
However the increase in number of cyber crimes and its ramification over a larger section of people might necessitate stringent laws to handle such crimes in the current situation.The Nigerian Scam,Financial Data Piracy,Misuse of Communication Devices etc are to be handled with iron hand to protect the larger section of innocent people who are increasingly utilizing
new modes of communication and service without much awareness about its utility and vulnerability.
The Union government's recent decision to directly transfer subsidies to the bank accounts' of beneficiaries would result in infinite no.of people accessing the mobile devices[hand held ATMs] and it is no ones secret that the larger section of those people would be digitally illiterate if not functionally illiterate.This would exacerbate the already soaring impacts of cyber crimes both economically and socially.Also is the growing computer network based sophistication of vital establishments like Defence,Energy,Finance which makes the national security contingent on cyber defence.
Cyber crime is covered under IT Act of Union of India which is the sole legal enactment currently available against act of cyber offences.My friends in Software Industry,please don't get annoyed whether it is Income Tax Act and come to a prejudiced conclusion that government is going to add one more perk of your salary under a taxable component.Rather you can try to lobby the government that your employers' are bringing many of your salary components out of Basic Salary thereby reducing their and your own mandatory contribution to Provident Fund. At least be informed that one such move by government against this malpractice was successfully lobbied by your employers and is deferred.
Information Technology(IT Act,2008) in addition to legalising punishments for cyber offences also legally recognizes electronic transactions(financial,storage) replacing paper based one.But it is notorious for its vague provisions and associated avenues for misinterpretations.Section 66A of the IT Act empowers the law and order establishment to detain some one up to 3 years for sending offensive,menacing,annoying,false,hatred,insulting etc messages through computer and other communication devices.
Sending such messages is certainly abusive if the ambit of such grounds are properly defined and without such clarity it provides larger milieu for the public establishment to utilize the provision arbitrarily.Also no similar provisions with such stringent punishments are available when such messages are sent offline through air,print media.Even the punishment for causing death by negligence is much lesser than that proposed under this law.The recent arrests under this section in Maharastra,Puducherry,West Bengal is a quintessential vindication of such abuse and is even against the Fundamental Right of freedom of speech and expression.
However Freedom of Speech and expression is not extensive and is restricted under certain grounds like public order,decency,morality,relation with foreign nation to name a few.So any comments and discussions that flood in the newer modes of communication have to be on compliance to such legalities without fail.People talking about rights should also be aware of their duties.
Fundamental Duties(Indian Constitution).-
It shall be the duty of every citizens of India-
(a) to abide by the Constitution
Comments about cine actors,political leaders mainly based on their individual personality,abusive languages and videos etc are blatant violation of provisions of freedom of expression and it is high time individuals restrict themselves rather than expecting a third party to discipline them.While the larger part of the society is critical about the misuse of IT Act,many denigrating comments in the internet strictly warrant detention under this act even under the strictest interpretation of the act.I do also believe this act is hence under utilized in addition to being abused.
Deliberate,Discuss,Dissent,Decide are the primary ingredients of a functioning Democracy like ours.
Democratize do not denigrate.
