59 Chinese apps banned , its constitutional validity and substitutes for these apps

59 apps Chinese banned

Indian government has banned 59 chinese apps by the recommendations of national cyber cell standard organization and national cyber cell co-ordinator . where the press release was given by ministry of electronics and information technology. 

In which there are also major apps like tiktok , shareit , cam scanner , uc browser which have their billions of turnover only in india .  only tiktok india has 30 billion turnover in india with 8000 officers or employees .

However govt  interrim ban tiktok not permanent . govt give 48 hours time to jatin Gandhi tiltok head to review its policies. He also assures to comply with the directions of gov.

1. Reason why ?

The reason given by the ministry of it is that such 59 apps are not securing the norms of national cyber cell standard organization and right to privacy. Also there is a chance of cyber attack . cyber attacks means vigilance of any person or authority unauthorised or in illegal manner. According to sec 69 a of it act 2000 , it is formulated by any banning order of govt. must be with the order or consent of all cabinet ministers with reasonable reasons. In the recent months there is a violent clash between india and china or Pakistan . in due concern of territorial security and cyber security this major step taken by government.  Also there are few FIR lodged against tiktok for violating privacy rules in various local police stations,.

2. Violation of fundamental right ‘speech and expression’ ?

Article 19 [1][a] provides every citizen of india freedom of speech and expression . which grants every person to express their feelings , thoughts , conscience etc and to get details ogf public authority. We can easily understand the wide scope of term speech and expression from the cases like Bengal cricket board association v/s doordarshan [broadcasting of match and watching by citizen is their fundamental right] , charita v/s union of india { interview of under trials prisoners are not their fundamental right] and seeking information from the public authorities are the fundamental right of citizen .

According to above mentioned case we under wide scope of speech and expression term . ac cording to nthis citizens also have right to make video in tiktok ans share it upon social media like uc browser which is chineese apps. Any many other chineese apps which is recently banned by Indian govt.

 

SECTION 66A of IT ACT  AND THE FREEDOM OF SPEECH AND EXPRESSION

Supreme court struck down section 66 a of it act in shreya singhal case Before getting into the specifics of Section 66A, Justice Rohinton F. Nariman explained that the three fundamental aspects of speech and expression were discussion, advocacy and incitement. In the view of the court, the mere discussion or advocacy of a particular cause, no matter how odious, would always be protected by the right to freedom of speech and expression. It is only when either discussion or advocacy reaches the level of incitement that restrictions kick in.

Any incitement doesnot comes under the purview of speech and expression however discussion and advocacy is available but shall not be against the ingredients of article 19[2]

 

3. Constitutional validity ?

1.      According to 19[2] nothing in the Article 19 [1][a] prevent state from imposing reasonable  restriction fundament right speech and expression which is contrary to state security , public order and conscience , sovereignity , integrity and friendly relation with foreign states , decency or morality. Govt banned apps according or by the way of term sovereignity , security and public order . because threats were coming from social media and to prevent data conspiracy and leakage major steps taken by govt. . state doesnot violate any right. Article 19 [1][a] scope is lesser than the scope of article 19[2] which protrcts the state integrity. Any thing or act of speech and expression which violates any ingredient  of 19[2] shall be void. Hence there is option og judicial review available to citizens . but in recet scenario supreme court will also strands with the decision of govt. by considering recent aggressive war happenings.

 

2.      Section 69 A IT ACT 2000

This section also known as banning section which grants authority to central government to impose ban upon any websites including apps which is not safe in respect of data security and other ingredients of clause 2 of article 19.

The intermediary who fails to comply with the direction issued under sub-section (1) shall be punished with an imprisonment for a term which may extend to seven years and shall also be liable to fine. ].

In shreya singhal  case , supreme court formulated that government shall mpose restriction with the opinion of all cabinet ministers with written notice which mention the reason to do so.

3.      Cyber Crime Coordination Centre AIM 2020 REPORT

cyber crime coordination centre is now a single organisation of govt reponsible for cyber defence made up recently in its report published in january 2020  describes the aim . in which they clearly mention any thing against the security or against the public morality shall be under the scruyiny  of them .

IT MEANS THAT CCCC can ialso invoke restriction without any prior order of government in emergency periods.

 

Alternate apps

There are several Indian short video platforms available in the country. Some of them are:

*Mitron

*Bolo Indya

*Roposo

*Dubsmash

Notably, Zee5 is also working to launch a short video platform.

Baidu Trsanslate banned in India: Alternate apps

*Google Translate

*Hi Translate

We Meet, We Chat banned in India: Alternate apps

*Facebook

*Instagram

*WhatsApp

Hago Play With New Friends banned in India: Alternate apps

*Houseparty

Shareit, Xender, ES File Explorer banned: Alternate apps

*Files Go

*Send Anywhere

*Google Drive

*Dropbox

Some Indian alternatives are: 

*Share All

*Jio Switch

UC Browser, DC Browser, CM Browser, APUS Browser banned: Alternate apps

*Google Chrome

*Mozilla Firefox

*Microsoft Edge

*Opera

*Jio Borwser

Mobile Legends banned in India: Alternate apps

*Fortnite Battle Royale

*Legends of Legends

*PUBG

Baidu map banned: Alternate apps

*Google Maps

*Apple Maps

Shein, Club Factory, ROMW banned in India: Alternative apps

There are several shopping apps available for download. Shein is mainly for women clothing and accessories. Club factory and ROWM are also online shopping platform. Some alternative apps are:

*Myntra

*Flipkart

*Amazon

*LimeRoad

Camscanner banned in India: Alternative apps

*Adobe Scan

*Microsoft Office Lens

*Photo Scan

*TapScanner

YouCam makeup, SelfieCity, Meitu banned in India: Alternative apps

*B612 Beauty & Filter Camera

DU battery saver banned in India: Alternate apps

*Battery Saver & Charge Optimizer

ES File Explorer banned in India: Alternate apps

Clean Master – Cheetah Mobile, Virus Cleaner banned in India

You don’t require an alternative app for cleaning “virus” from your mobile phone. Uninstall all such apps if you have on your smartphone right away.

Newsdog, UC News, QQ Newsfeed banned in India: Alternate apps

*Google News

*Apple News

*Inshorts

lawinroutine fb page link

 

Thank you #lawinroutine . this topic does not need any conclusion . any thinbg against the integrity of nation