India is
embarking on a major review of the Information Technology Act which was passed
with effect from October 17, 2000. Recent frauds of the Delhi MMS case and
Gurgaon BPO Cases have increased the demand from the media for "Stricter IT
Laws". In this scenario, Naavi.org is presenting a series of suggestions for
the consideration of the MCIT while addressing the amendments and request
comments from the public so that the Ministry will have the benefit of an
opportunity to consider the public views in this regard.
Suggestion
XII: Cyber Marriages:
There has been an intense
debate recently on the feasibility of marriages and divorces happening on the
Internet.
Existing laws make it possible
to have Contractual marriages wherever allowed (Muslim marriages) to be
concluded through digitally signed electronic documents. Registered marriages
are also possible through a similar digital marriage registration office.
Already divorces in Muslim
community through e-talaqs have been approved by certain courts.
Considering the social
implications, it is suggested that Cyber Marriages and Cyber Divorces should
be notified as “Exempted from the provisions of ITA-2000 under Section 1(4)”.
(PS: I would like to record
that Mr Praveen Dalal, our associate disagrees with the above view and is of
the opinion that Digital Cyber Marriages may be permitted.)
(Comments
welcome)
Naavi
July 5, 2005
Related Article/Information:
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