E-Governance Through Legislation-Contrasting Styles ITA-2000 and ECT 2002
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When India passed the ITA-2000, it technically enable the Governments to adopt IT into its decision  making process. Under Chapter III entitled "Electronic Governance", the Act gave legal recognition not only  to Electronic Documents, Digital Signatures but also expressly stated under sections 6, 7 and 8 that Electronic documents and Digital signatures can be adopted by Government bodies for filing any form, application , tender document, storing of records, publication of Gazette etc.

However, under Sec 9 which followed, the Act stated

"Sections 6, 7 and 8 Not to Confer Right to insist document should be accepted in electronic form

Nothing contained in sections 6, 7 and 8 shall confer a right upon any person to insist that any Ministry or Department of the Central Government or the State Government or any authority or body established by or under any law or controlled or funded by the Central or State Government should accept, issue, create, retain and preserve any document in the form of electronic records or effect any monetary transaction in the electronic form"

By incorporating this section, the Act gave complete freedom to Government departments in incorporating the provisions of the Act into E-Governance. Even though progressive Governments in some states are going ahead with E-Governance projects, the Section 9 has removed the possibility of public pressure working towards early implementation of E-Governance.

In Contrast, the South African Bill on Electronic Commerce (which will become the Electronic Communications and Transactions Act, 2002 or ECT 2002) which has been recently introduced states as under:

1. The Minister and the Cabinet has to develop a 5 year National E-Strategy and present it  within 24 months of the promulgation of the ECT 2002 implementation of which should be declared by the Cabinet as a "National Priority".

2. Such a strategy must be drawn with an objective to make the republic the "preferred Provider and User" of Electronic transactions in the International market, promote Universal Access, HRD, and Small, Medium and Micro Enterprises, etc.

What is striking in contrast in this approach of the South African Government is the Desire to work for International Goals without rejecting National interests and to set a time frame for not only the Minister in Charge of Information technology but to the entire Government itself. It suggests a "Broad Global Vision" and " Extreme Self Confidence".

Indian policy makers who revel in procrastination prefer to have an open ended agenda so that year after year, election after election, the same agenda can be circulated as fresh initiatives. Our Finance and Industry Ministers should particularly take note of the concern expressed in the Bill for the welfare of Local Small Enterprises along with Global marketing Initiative as distinct from our usual approach of "Sacrificing  the local initiatives and making way for International invasion".

(This is the first article in the series of articles that will highlight the provisions of South African ECT -2002)

Naavi

March 13, 2002


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