Wednesday, February 2 2005 16:44 Hrs (IST) - World Time -

New Delhi: Even as the debate on the use of MMS and camera phone sparked off by a public school case continues to generate heat, legal experts say that India still lacks cyber laws to deal with legal and moral issues arising out of the misuse of technology by peeping toms.

The MMS issue makes a case to re-examine existing laws. "Our cyber laws were formed years back when the technology of camera phones did not exist in India. Any crime related to it needs a stringent set of laws to be followed," says Pawan Duggal, a cyber law expert.

"Our laws have not touched cyber defamation, cyber harassment, cyber nuisance etc, which are required to be looked upon as soon as possible," he further adds.

"The IT Act does cover these kind of cases. But how rigid the law is and how severe the punishment, that is the question?" says lawyer Puneet Mittal.

The MMS case falls in this very category and became an issue on who was guilty for circulation of the obscene material on the Internet.

"The case was the first of its kind to be registered with us. We have not received any such complaints before and after the case," says K K Vyas, ADGP, Economic Offence Wing.

"We go according to what is mentioned in the books of law. Our duty is to follow the instructions given by the court," he says in response to a question on the course of action in case such cases surface.

But are the laws available in our constitution sufficient to bring justice to the victims? Article 21 states that no person shall be deprived of liberty except by procedures prescribed by law. Right to privacy of an individual being a fundamental right does not ensure an effective remedy for its invasion by an individual, legal experts say.

"The invasion of privacy of an individual by Government or State can be challenged to court of law. But if individual deprives another individual of his privacy then he/she can be challenged in civil courts for the monetary compensation" says lawyer K V Viswanathan. "But monetary compensation is not an effective remedy for invasion of privacy. There should be specific laws, which deter an individual from invading other's privacy," says Duggal.

"With cases of morphing coming up, the laws should be made more pro-active."

He also suggests that "equipment manufacturers law should be formulated mandating the cell phone manufacturers to include additional technology of a sound beep, audible at the range of 10 feet, when a picture is being clicked." This will forewarn the person being photographed. A similar kind of law exists in South Korea for dealing with mobile-related crimes.

Taking an initiative, Gujarat Government has formally banned the use of mobile phones in all institutions and schools. This is an initiative to discourage crimes committed through mobiles in the institutional premises.

Also, mobile manufacturers are now rushing to issue guidelines for the ethical use of camera mobile phones. Samsung India Electronics Ltd has issued a set of guidelines asking camera phone users not to shoot or circulate objectionable content that is illegal and punishable by law.

Unfortunately, people seem to have become indifferent to being pictured in public places, schools, colleges, markets etc without one's consent.

"It's so common. Every time I pass by the corridors of my college, I notice boys with camera phones, clicking pictures of girls passing by without even knowing them. It's so humiliating. But is there any law to check that?" asks Jaya Ghosh, a college student.

Moreover, even if someone wants to register a complaint, it's tough to make police inspectors understand the gravity of the situation.

"The problem is that people who implement the law don't understand technology themselves. What is therefore needed is training in technology (camera phones.... etc) for law enforcement agencies," says Mittal.

As in all other cases, the mantra of 'prevention is better than a cure' seems the best option.

"We should think in terms of a deterrent, which would prevent these kind of crimes," adds Mittal.