A SOUND BPO PLATFORM

BY

PRAVEEN DALAL*

 I. Introduction

The “Indian Government” has taken the “BPO” episode very lightly. Its ramifications are not confined to “Data Protection” alone but it essentially and inevitably involves, among other things, a “sound E-governance and E-commerce base” as well. A careful and closer evaluation of the provisions of TRIPS Agreement would reveal that the Copyright Act, 1957 adequately meets the requirements of Data Protection. A separate legislation is not required at all. All that is needed is a “clarificatory notification” that will give the much-needed “ sense of security” to the MNCs. If at all the government has to deal with the “data protection requirements” that must be the “Constitutional Mandates vis-à-vis Data Protection”[1].  

II. The overlooked concerns

 In this regard, the following “concerns” require an immediate and priority based attention:

 (1) A sound e-governance base: The provisions of Sec.9 of Information Technology Act, 2000 provides that e-governance does not confer a right upon any person to insist any Ministry or Department of the Central or State Government or any authority or body to accept, issue, create, retain or preserve any document in the form of e-records or to participate in any monetary transaction in the e-form. This provision, however, does not give a blanket protection to the appropriate government from discharging its obligations, which it has to fulfill in a welfare state like India.

The Act has been enacted to comply with the mandates of UNCITRAL[2] Model Law to which India is a signatory. The provisions of UNCITRAL Model Law clearly advocate the establishment of e-governance.

Thus, India cannot postpone the establishment of an e-governance base for an indefinite period[3]. It is high time that the government should establish a sound e-governance base as soon as possible.

 (2) A sound e-commerce base: The success of e-commerce also depends upon sound e- base that is well equipped with the necessary infrastructure. Further, the laws in this respect must e-commerce specific and these must be “religiously followed” by the MNCs. The concept of e-commerce is not a golden path to advantages and profit making. It may attract the wrath of law, both civil as well as the criminal, where it is not conducted properly. It must be noted that none has a right to carry on the business in a wrongful, immoral or/and illegal manner. An idyllic business activity must be not only morally sound but it must equally be legally justified[4].

Thus, the parameters of all e-commerce activities must be well defined and they must be appreciated in their true perspective.

 (3) A sound Internet banking infrastructure: A sound and effective banking system is the backbone of an economy. The economy of a country can function smoothly and without many hassles if the banking system backing it is not only flexible but also capable of meeting the new challenges posed by the technology and other external as well as internal factors. There is an urgent need for not only technology upgradation but also its integration with the general way of functioning of banks. The technology holds the key to the future success of Indian Banks. Thus, “Internet Banking” is the need of the hour. The existence of Internet banking also becomes inevitable due to the standards required to be matched at the international level. Thus, the domestic as well as the international standards mandates the adoption of Internet banking at the earliest possible moment[5].

 (4) A sound e-judicial system: The advent of information technology has changed the mode of working of almost all the spheres of the life. The justice delivery system has also been benefited by this technological revolution.

The "E-justice system" has found its existence in India[6], which needs to be further strengthened.

 III. Conclusion

 The Hon’ble government is requested to consider these overlooked concerns as well so that a conducive atmosphere can be created for the business community, whether they are MNCs or domestic companies. It cannot be doubted that the government is genuinely busy in other equally useful ventures, but that drive should include the concerns raised in this article as well.

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