Introduction of NOTA in India has been hailed by many to be a spectacular step towards capturing the true spirit of democracy. However whether NOTA can be described as an electoral renaissance still remains uncertain as NOTA is simple a right to register a negative opinion and not a right to reject. Giving citizens the right to reject will ensure the two-fold purpose of candidates with a clean background as well as inducing citizens to cast their vote. This option was introduced in the electronic voting machines in India after the landmark judgment delivered by the Supreme Court in “People‘s Union for Civil Liberties v. Union of India”. The right to vote in India is a statutory right. The converse of this, i.e. the right not to vote, while maintaining secrecy was claimed vide a petition to the Supreme Court by PUCL. Since the petition filed by PUCL was a Writ Petition under Article 32, the Court had to judge its maintainability, as it was contended that Right to Vote is considered a statutory right. The Court held that although Right to vote is a statutory right, the decision taken by the voter is a facet of Freedom of Expression under Art. 19(1)(a). Fundamental Right of freedom of speech and expression under 19(1)(a) and statutory right under S. 79 of Representation of People Act is violated if right not to vote is denied. Thus the Court held that the Writ Petition is maintainable.  However, it falls short of achieving the democratic goals that the citizens of India are entitled to. This paper however outlines the extra step that India needs to take in order to ensure that it becomes a fully functional democracy sans corruption.

The Court held that Rule 49-O and Form 17-A, which if read together allow secrecy to be violated, is ultra vires Article 19 and Section 79(d) and 128 of the RPA. Additionally, accepting the EC‟s suggestion, the Court directed the NOTA button to be included in the EVMs. The court further went on to describe that the NOTA button sought for by the petitioners was similar to the „ABSTAIN‟ button provided for in the voting machines in Parliament, the other two being „AYES‟ and NOES. For, by pressing the NOTA button, the voter would in effect say he was abstaining from voting since he did not find any of the candidates worthy of his vote. The Three Judge Bench, headed by CJ P Sathasivam unanimously stated, “Eventually, voters‟ participation explains the strength of democracy. Lesser voter participation is rejection of commitment to democracy slowly but definitely, whereas larger participation is better for democracy. But there is no yardstick to determine what the correct and right voter participation is. If introducing the NOTA button can increase participation of democracy then, in our cogent view, nothing should stop the same.” Non-participation in the elections would cause frustration and disinterest, “which is not a healthy sign of a growing democracy like India.” The most important aspects of this particular judgment of the Supreme Court are that, first – secrecy of the voting procedure (secret ballot) is an integral part of free and fair elections and second – the right to vote includes the right not to vote. (While of course, maintaining the secrecy).

NEED FOR INTRODUCING NOTA

In our country, it often happens that a voter does not support any of the candidates in the election, but they have no choice but to select a candidate. According to the judges of the Supreme Court of India, the introduction of ‘None of the above’ i.e. NOTA option to voters would lead to systemic change in polls and political parties will be forced to project clean candidates. NOTA is a good options introduced in the elections. Many a times MLA get the seat which they don’t deserve by some faulty means and then people has to choose among the false one. By introductions of NOTA if no Candidate is eligible we can simply elect NOTA and can remove them for years. NOTA enable people to use their vote to show that the current candidates, parties and politics don’t have their support.  Voting BLANK is important as something citizens can do, that is always possible, even when the government doesn’t want to include ‘None of the above’ on the ballot paper.

POSITIVE POINTS OF NOTA

Although there are lots of negative points about ‘None of the above’ option in elections to voters, the positive points also cannot be ignored. The very intention of the Supreme Court of India was to force the political parties to project candidates with clean background as their candidates. Not out of compulsion should he vote for contender who he thinks isn’t good enough. If you do not vote just because there is no good candidate, at least you can show your dissent with the option of NOTA The candidates who win the election become part of the legislature, governing the country. It was, therefore, felt mandatory that candidates with criminal or immoral or unclean backgrounds are deterred from contesting the elections. If this option of ‘None of the above’ is implemented with its true intent, the whole political scenario of the country will drastically change from the present scenario.

NEGATIVE POINTS OF NOTA

Some of the countries who initially introduced such option to the voters, later discontinued or abolished the system. In countries where voting machines contain a NOTA button, there are chances of it receiving a majority of the vote and hence “winning” the election. In such a case, Election Commission may opt any of these options, a ) the second highest votes will be declared as the winner b) keep the office vacant, c) fill office by appointment, d) hold another election. Hence as there is absence of a proper mechanism, this cannot be regarded as a proper solution to the problem we are facing in the world’s largest democracy. The new provision does not mean that all candidates in a constituency stand rejected or defeated if the number of NOTA votes exceeds the number garnered by the highest vote-getter.

CONCLUSION

The scenario in India however is grossly different from other States insofar as the right to reject is concerned. The Supreme Court has expressly stated that the introduction does not involve a right to reject; it is simply a “right to register a negative opinion”. This, it is personally opined, is the greatest misgiving of NOTA in India. The entire purpose and advantage of NOTA is taken away by the fact that irrespective of the number of citizens who have pressed NOTA in the EVMs the candidate with even a marginal majority will continue to win the elections. It would only ensure the secrecy of the voter who did not want to vote for any of the voters in his constituency while also ensuring that nobody casts a bogus vote in his place. NOTA will help our country to make corruption free but at same time it will hamper our economy because as we know that a lot of money is spend on conducting a single election. So it is our responsibility to promote good people in politics.  In my opinion few conditions NOTA is good and few conditions NOTA is bad because if you see them. In politics so many elected person don’t have knowledge about studying but he is an education minister. In these cases NOTA is used.

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The Importance of Law in Maintaining Societal Order

Law as a Guide for Behavior

Law plays a pivotal role in guiding the behavior of society’s members. It outlines what is acceptable and unacceptable, thereby preventing conflicts and misunderstandings between social groups and communities. The importance of law in society is evident through its ability to adapt to societal changes, ensuring that the legal framework remains relevant and effective in governing behavior.

Preventing Chaos and Promoting Equity

Without law, society would descend into chaos, with survival of the fittest becoming the norm. The importance of law lies in its ability to prevent such disorder, ensuring a lifestyle far removed from the anarchic scenario of every man for himself. It sustains the equity among the three branches of government, ensuring that power is not concentrated but rather distributed to maintain balance and prevent abuse.

The Role of Law in Facilitating Social Change

Direct and Indirect Influences

The importance of law extends beyond mere governance; it is instrumental in facilitating social change. Through both direct and indirect roles, laws impact society by shaping behaviors and interacting with basic social institutions to foster change. Examples include compulsory education systems and laws prohibiting polygamy, which serve as agents of modernization and societal evolution.

A Catalyst for Social Transformation

Laws have been pivotal in introducing changes in societal structure and relationships. They have acted as catalysts in social transformation, addressing inequalities, and providing protective measures for the weak and vulnerable. The importance of law is evident in its capacity to bring about significant alterations in society’s economic structure, values, beliefs, and social dimensions.

FAQs on the Importance of Law

Q: How does law contribute to social equity? A: Law ensures that all individuals have access to justice and equal treatment under the law, thereby promoting social equity.

Q: Can law alone bring about social change? A: While law is a powerful tool for social change, it requires societal support and adherence to truly effect transformation.

Q: What is the relationship between law and society? A: Law and society are interdependent. Law reflects societal values and norms, while society adapts to changes in law to maintain order and justice.

Conclusion

The importance of law in society is multifaceted, extending from maintaining order and preventing chaos to facilitating social change and promoting equity. It is a vital instrument for governance, shaping politics, economics, and social interactions. As society continues to evolve, the role of law in adapting to and guiding these changes remains indispensable. Through the structured framework of law, we achieve a balanced, just, and progressive society where rights are protected, and individuals can thrive.

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Cyber crime encompasses any criminal act dealing with computers & networks (called hacking). Additionally, Cyber crime also includes traditional crimes conducted through the internet. For example; hate crime, telemarketing & internet fraud, identity theft, and credit card account thefts are considered to be cyber crimes when the illegal activities are committed though the use of computer & the Internet.

Computer crime is a general term that embraces such crimes as phishing, credit card frauds, bank robbery, illegal downloading, industrial espionage, child pornography, kidnapping children via chat rooms, scams, cyber terrorism, creation and/or distribution of viruses, Spam and so on. All such crimes are computer related and facilitated crimes.

Categories of Cyber Crime

Cyber crimes are broadly categorized into three categories, namely crime against

1. Individual
2. Property
3. Government
4. Society at large

Each category can use a variety of methods and the methods used vary from one criminal to another.

1. Cyber Crimes against Individual:

• Harassment via E-Mails: It is very common type of harassment through sending letters, attachments of files & folders i.e. via e-mails. At present harassment is common as usage of social sites i.e. Facebook, Twitter etc. increasing day by day.
• Cyber-Stalking: It means expressed or implied a physical threat that creates fear through the use to computer technology such as internet, e-mail, phones, text messages, webcam, websites or videos.
• Dissemination of Obscene Material: It includes Indecent exposure/ Pornography (basically child pornography), hosting of web site containing these prohibited materials. These obscene matters may cause harm to the mind of the adolescent and tend to deprave or corrupt their mind.
• Defamation: It is an act of imputing any person with intent to lower down the dignity of the person by hacking his mail account and sending some mails with using vulgar language to unknown persons mail account.
• Hacking: It means unauthorized control/access over computer system and act of hacking completely destroys the whole data as well as computer programmes. Hackers usually hacks telecommunication and mobile network.
• Cracking: It is amongst the gravest cyber crimes known till date. It is a dreadful feeling to know that a stranger has broken into your computer systems without your knowledge and consent and has tampered with precious confidential data and information.
• E-Mail Spoofing: A spoofed e-mail may be said to be one, which misrepresents its origin. It shows its origin to be different from which actually it originates.
• SMS Spoofing: Spoofing is a blocking through spam which means the unwanted uninvited messages. Here an offender steals identity of another in the form of mobile phone number and sending SMS via internet and receiver gets the SMS from the mobile phone number of the victim. It is very serious cyber crime against any individual.
• Carding: It means false ATM cards i.e. Debit and Credit cards used by criminals for their monetary benefits through withdrawing money from the victim’s bank account mala-fidely. There is always unauthorized use of ATM cards in this type of cyber crimes.
• Cheating & Fraud: It means the person who is doing the act of cyber crime i.e. stealing password and data storage has done it with having guilty mind which leads to fraud and cheating.
• Child Pornography: It involves the use of computer networks to create, distribute, or access materials that sexually exploit underage children.
• Assault by Threat: refers to threatening a person with fear for their lives or lives of their families through the use of a computer network i.e. E-mail, videos or phones.

2. Crimes Against Property:

•  Intellectual Property Crimes: Intellectual property consists of a bundle of rights. Any unlawful act by which the owner is deprived completely or partially of his rights is an offence. The common form of IPR violation may be said to be software piracy, infringement of copyright, trademark, patents, designs and service mark violation, theft of computer source code, etc.
• Cyber Squatting: It means where two persons claim for the same Domain Name either by claiming that they had registered the name first on by right of using it before the other or using something similar to that previously. For example two similar names i.e. www.yahoo.com and www.yaahoo.com.
• Cyber Vandalism: Vandalism means deliberately destroying or damaging property of another. Thus cyber vandalism means destroying or damaging the data when a network service is stopped or disrupted. It may include within its purview any kind of physical harm done to the computer of any person. These acts may take the form of the theft of a computer, some part of a computer or a peripheral attached to the computer.
• Hacking Computer System: Hacktivism attacks those included Famous Twitter, blogging platform by unauthorized access/control over the computer. Due to the hacking activity there will be loss of data as well as computer. Also research especially indicates that those attacks were not mainly intended for financial gain too and to diminish the reputation of particular person or company.
• Transmitting Virus: Viruses are programs that attach themselves to a computer or a file and then circulate themselves to other files and to other computers on a network. They usually affect the data on a computer, either by altering or deleting it. Worm attacks plays major role in affecting the computerize system of the individuals.
• Cyber Trespass: It means to access someone’s computer without the right authorization of the owner and does not disturb, alter, misuse, or damage data or system by using wireless internet connection.
• Internet Time Thefts: Basically, Internet time theft comes under hacking. It is the use by an unauthorised person, of the Internet hours paid for by another person. The person who gets access to someone else’s ISP user ID and password, either by hacking or by gaining access to it by illegal means, uses it to access the Internet without the other person’s knowledge. You can identify time theft if your Internet time has to be recharged often, despite infrequent usage.

3. Cyber crimes Against Government:

•  Cyber Terrorism: Cyber terrorism is a major burning issue in the domestic as well as global concern. The common form of these terrorist attacks on the Internet is by distributed denial of service attacks, hate websites and hate e-mails, attacks on sensitive computer networks etc. Cyber terrorism activities endanger the sovereignty and integrity of the nation.
• Cyber Warfare: It refers to politically motivated hacking to conduct sabotage and espionage. It is a form of information warfare sometimes seen as analogous to conventional warfare although this analogy is controversial for both its accuracy and its political motivation.
• Distribution of pirated software: It means distributing pirated software from one computer to another intending to destroy the data and official records of the government.
• Possession of Unauthorized Information: It is very easy to access any information by the terrorists with the aid of internet and to possess that information for political, religious, social, ideological objectives.

4. Cybercrimes Against Society at large:

• Cyber Trafficking: It may be trafficking in drugs, human beings, arms weapons etc. which affects large number of persons. Trafficking in the cyberspace is also a gravest crime.
• Online Gambling: Online fraud and cheating is one of the most lucrative businesses that are growing today in the cyber space. There are many cases that have come to light are those pertaining to credit card crimes, contractual crimes, offering jobs, etc.
• Financial Crimes: This type of offence is common as there is rapid growth in the users of networking sites and phone networking where culprit will try to attack by sending bogus mails or messages through internet. Ex: Using credit cards by obtaining password illegally.
• Forgery: It means to deceive large number of persons by sending threatening mails as online business transactions are becoming the habitual need of today’s life style.

Conclusion

Capacity of human mind is unfathomable. It is not possible to eliminate cyber crime from the cyber space. It is quite possible to check them. History is the witness that no legislation has succeeded in totally eliminating crime from the globe. The only possible step is to make people aware of their rights and duties (to report crime as a collective duty towards the society) and further making the application of the laws more stringent to check crime. Undoubtedly the Act is a historical step in the cyber world. Further I all together do not deny that there is a need to bring changes in the Information Technology Act to make it more effective to combat cyber crime. I would conclude with a word of caution for the pro-legislation school that it should be kept in mind that the provisions of the cyber law are not made so stringent that it may retard the growth of the industry and prove to be counter-productive.

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