From the President The Supreme Court has struck down section 66A of the Information Technology Act. While striking off, it had made vital observations that the provisions are arbitrary and excessively and disproportionately invade the right of free speech and upsets the balance between such right and the reasonable restrictions that may be imposed on such right. Hon'ble Bench made another very important observation on scope of interpretation of terms too. It was pointed that if judicially trained minds can come to diametrically opposite conclusions on the same set of facts it is obvious that expressions such as "grossly offensive" or "menacing" are so vague that there is no manageable standard by which a person can be said to have committed an offence or not to have committed an offence. Quite obviously, an offender of Section 66A and the authorities who are to enforce Section 66A have absolutely no manageable standard by which to book a person for an offence under Section 66A. At this juncture it is worthwhile to note that India is placed at 42nd position amongst 65 nations for Freedom on Net. During 2014 it has moved 5 places up. Robustness of the Indian judicial system is again proved beyond doubt by this decision of the Supreme Court. Court has consistently protected fundamental rights of the Indian citizen. So as, in this decision too, Supreme Court heralded victory of freedom of speech. However, post decision of Apex Court, while replying one of the query raised by an MLA, Maharashtra Chief Minister has stated that the Centre is working on formulating a new law on the lines of Section 66(A) that was struck down by the SC. There was no conviction in the previous law and thus a law is being formulated that will be strong and which will result in convictions. Irony is that this verdict was welcomed by current Government and members of then Government too. Hence now time would only tell how much would be real freedom of speech in days to come. It is to be noted that the Supreme Court has already observed that an intelligible difference having a TCVKQPCNTGNCVKQPVQVJGQDLGEVUQWIJVVQDGCEJKGXGFKUPGEGUUCT[ŌVJCVVJGTGECPDGFGſPKVKQPQH offences which are applied to free speech over the internet alone as opposed to other mediums of communication. Net neutrality! It’s a principle where all data on the Internet should be treated equally, not discriminating or charging differently by user, content, site, platform, application, type of attached equipment, or mode of communication. Net neutrality allows users to access any website without restriction of charges, speed of accessing etc. In India, currently no law prevails on the Net neutrality. Certain telecom service providers initially proposed to levy special charges QPEGTVCKP81+2QXGTVJGVQRUGTXKEGU*QYGXGTRTQRQUCNYCUJKIJN[ETKVKEKUGFCPFſPCNN[ dropped for time being. But recently again same telecom introduced another product wherein telecom would provide free access to the products developed by specific app developers. ¯6 | The Chamber's Journal | $SULO | iv _)5207+(35(6,'(17_ Development of such platform would allow rich companies to subsidise data charges for customers. Another telecom has already developed product wherein facebook can be accessed YKVJQWVRC[KPIHQTFCVCEJCTIGU5WEJUVTCVGIKGUYQWNFEGTVCKPN[FGP[NGXGNRNC[KPIſGNFHQT many, especially startups. Another contrary argument is that this provides win-win situation for marketers and users. One may certainly agree that development of internet is only because of Net neutrality. Hence DOT or TRAI should take up this matter and come up with the rules before the party is spoiled. At the Chamber various activities have been planned for the members. Recently CBDT has issued Income Computation and Disclosure Standards effective from April 1, 2015. The Chamber has objected against the issuance of the same as it goes against principles of ease of doing business. Nevertheless once these standards are issued, the Chamber’s role is to educate its members for proper compliance. Keeping this in mind Direct Taxes Committee has planned to organise full day seminar in the month of April. Post issuance of these Standards, probably VJG%JCODGTKUVJGſTUVQTICPKUCVKQPVQCPPQWPEGCPFJQNFCRTQITCOOGQPVJGUCOG0$(% regulations have undergone changes over last few months. Hence to keep members abreast on these regulation, Allied laws and Direct Tax Committee has organised programme on NBFC. #VVJGRTQITCOOGQHſEKCNUHTQO4$+YQWNFCNUQCFFTGUUVJGFGNGICVGU6JG%JCODGTJCUCNUQ organised musical programme for fellowship. Various other programmes are being held. For details refer to the CITC News or visit the Chamber’s website. Post change in the name of the Chamber, name of monthly newsletter CITC News, also warranted change. Hence a step for changing name was initiated under the guidance of Editor of Newsletter and Past President Shri Kishor Vanjara. Registrar of Newspapers of India has approved new name as The CTC News. On completion of other formalities Newsletter would be printed under new name. When this journal reaches all, probably school exams would have been over and vacation mood is setting in. This also reminds me of my golden schools days. In words of Valsa Geoge holiday means – Halting from all weary work On a trip we went to avert nervous wreck Lively days with many a jocund friend In a jovial mood with no deadlines to tend Diving into amusements gay All anxiety kept wide at bay Yearning to suck life in full SYGGVVJQUGFC[UUCXQWTKPINKHGVQVJGſNN Happy Summer Vacations! Paras Savla President v | The Chamber's Journal | $SULO| 7¯
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