“To Whomsoever It may Concern” …series of postings

Dear Friends of this Blog,

This Blog has been running since 1998 and on various occasions made comments on Cyber Law as it has been emerging in our country. These were meant to develop Cyber Jurisprudence in an area where even the Courts are learning.

Cyber Jurisprudence need not be considered only as what can be ascertained in the words of wisdom contained in a Court judgement as many law teachers may believe. I believe with my 40 plus years of teaching of law both in the Banking field and Cyber Law field that many times Courts depend on the views of the advocates who put across their views and the judges donot take an independent view of their own. Though in the higher courts, the judges are free to do so, they only respond when there is a constitutional view and even here, some judges swear by what is written in the Constitution and some say they have the power even to re-interpret the words written in the Constitution.  As a result the Courts do what they like to do  and some times give a slip to what is good for the society.

The Courts have supported Constitutional amendments from the earlier version to “Secular” version but will not support the reversal. Mr Ravi Shankar Prasad often speaks of the “Original Constitution” that had the pictures of Rama and Krishna, as he did in his lecture recently in the NLSUI- Madhava Menon Lecture series. But he does not say why today Indian constitution bars the teachings of Ramayana or Bhagavadgita openly in our schools. Every body have their own constraints including Mr Modi and Amit Shah or even the Chief Justice of India.

But we the Citizens of India in whose proxy name the Constitution is being protected by the Government and the Courts are often denied our right of expression.  Each one of us who have some vested interest try to be diplomatic in our expressions so that we donot offend one section or the other. The silence of the majority is therefore the bane of our society.

I have been speaking in good faith about many developments in the Cyber Law area in India through these columns trying to draw the attention of different decision makers.

As a citizen of India, I have felt it is my duty to draw the attention of Ministers as well as the Judicial authorities on many occasions so that they can do what is right for the society.

However, the persons in power who need to do their duty often are happy to keep quiet. Many of them may agree with what I say but donot have the opportunity to speak out or the courage to speak out.

I have therefore decided to open a series of articles under the series “To Whom So Ever It May Concern” (TWSEIMC) in which certain things relevant to the field of Cyber Jurisprudence would be discussed.

I hope like minded citizens join me in this campaign and try to draw the attention of the authorities  so that those who have the power can do what they can within the legal boundaries.

This series is not going to discuss purely political matters but try to restrict it to professional discussions.

Looking forward to your support.

Naavi