Electronic Filing Of Consumer Complaints In India

The use of information and communication technology (ICT) for justice delivery system is well known. Even use of ICT for judicial and legal reforms in India is well understood. The role of ICT for effective judicial system in India is though well known yet very few efforts in this regard have been undertaken in India.

One can understand this position from the fact that till now we are still waiting for the establishment of first e-court in India. Even we have a single techno legal e-courts training and consultancy centre in India. Similarly, online dispute resolution in India is still a distant dream.

However, India cannot remain aloof for long in this regard. The information technology act, 2000 (IT Act 2000) already carries non enforceable e-governance provisions and with the proposed electronic delivery of services bill 2011 of India this e-governance mandate is going to be little bit more enforceable.

In fact, positive developments in this regard have already taking a shape in India. For instance, the financial limits of mobile banking transactions in India have been removed to give better options of banking in India. Similarly, SEBI is contemplating electronic initial public offer (EIPO) in India. Even Indian judiciary is exploring the possibility of using an electronic bail communication system in India. Through the proposed Cable TV Networks (Regulation) Second Amendment Bill 2011 of India, digital television services would be offered to consumers at affordable prices and with superior quality.

In a latest development in this direction, electronic filing of consumer complaints would be allowed if the proposed consumer protection (amendment) bill 2011 is made an enforceable law. The proposed amendment has made provision for making of a complaint by electronic form also to the District Forum.

This is a positive development and it would help in expanding consumer protection in India. However, there are many techno legal issues that must also be adhered to before e-filing of consumer complaints in India is made fully operational. But these issues would be sorted out with the passage of time.

Mobile Governance Policy Of India

Mobile governance (m-governance) is an innovative method of using mobile technologies for effective governance and public services delivery. M-governance facilitates many public services in almost real time and without hassles. However, along with the benefits of m-governance it has many drawbacks as well.

Firstly, we have no implementable m-governance policy in India. In the absence of proper planning and a sound m-governance policy it is not a wise option to utilise m-governance services in India.

Secondly, we have no dedicated legal framework for m-governance in India. This may create problems in cases of mobile banking, m-governance, m-commerce, etc. Of course, we have information technology act 2000 (IT Act 2000) as the cyber law of India yet it is far from perfect for even e-governance purposes and it is not at all applicable to m-governance environment.

Another issue pertains to the exercises of e-surveillance and phone tapping by Indian government and its agencies. Till now we have no lawful interception law in India. Phone tapping is done under the colonial and outdated Indian telegraph act 1885 and e-surveillance is done under the IT Act 2000. Both these acts are violating the letter and spirit of Indian constitution and have incorporated many unconstitutional provisions that are well beyond the parliamentary and judicial scrutiny.

Recently, the ministry of communication and information technology (MCIT) has launched the central monitoring system project of India. It has the capabilities to monitor all sorts of telecommunication and electronic communications. However, it is a pure executive exercise with no legal framework, civil liberty safeguards and parliamentary and judicial scrutiny.

At the international level some development for safeguarding the human rights in cyberspace has been taking place. United Nations has declared that access to Internet is a human right. This shows that human rights protection in cyberspace cannot be ignored by nations in future.

Finally, m-governance cannot succeed till we ensure cyber security for m-governance in India. Till now even the basic level cyber security is missing in India and we have no cyber security policy in India. Further, the IT Act 2000 need to be suitably amended or a dedicated legislation for m-governance must be enacted in India.

All these issues are integral part of the m-governance policy of India. Before jumping upon the fancy idea of m-governance we must ensure that it can operate and flourish in India.

Legal Framework For E-Governance In India

Electronic governance in India (e-governance in India) is still at its infancy stage. Most of the e-governance projects of India under the national e-governance plan (NEGP) are still in the pipeline despite the deadline being passed long before. This is despite the fact that thousand of crores of public money has already been utilised for e-governance projects of India but without any constructive and practical results.

Meanwhile, the World Bank has once again issued $ 150 million loan to India. It has been issued under the category of e-delivery of public services development policy loan of India. The purpose of the loan is to ensure e-services delivery policy in India that is presently missing.

However, what is more alarming is the fact that in India we have no Indian legal framework for e-governance that can ensure mandatory e-governance services in India. Although the information technology act 2000 carries provisions pertaining to e-governance services in India yet they are “non mandatory and retrograde” in nature. This has resulted in a poor e-governance services delivery in India. Till now we have no legal framework that mandates that citizens and organisations can claim e-governance as a matter of right.

Further, the scope of NEGP is very wide covering almost all aspects of governance - right from delivery of services and provision of information to business process re-engineering within the different levels of government and its institutions. It is essential that NGP is implemented, monitored and regulated through a legal framework so that it is no more just a plan but reality.

In fact, while implementing the NEGP, various structural and institutional issues have already arisen which clearly call for a statutory mandate for their resolution. The purpose would be to give statutory mandate to the institutional entities, setting up of a separate fund, defining responsibilities and providing for time frames and oversight mechanisms. Thus, this legislation may, inter alia, contain provisions regarding the following:

(a) Definition of e-governance in the Indian context, its objectives and role,

(b) Coordination and oversight mechanisms, support structures at various levels, their functions and responsibilities,

(c) Role, functions and responsibilities of government organisations at various levels,

(d) Mechanism for financial arrangements including public-private partnership,

(e) Specifying the requirements of a strategic control framework for e-government projects dealing with statutory and sovereign functions of the government,

(f) Responsibility for selection and adoption of standards and inter-operability framework,

(g) Framework for cyber security, privacy protection, data security and data protection etc.
(h) Parliamentary oversight mechanism, and

(i) Mechanism for co-ordination between government organisations at Union and State levels.