Comparative Public Law and Cyber Law Governance: A Study of Cybercrime Legislation in India, Bangladesh and Pakistan
Author(s): Mohammad Tarek Hasan1, Prof(Dr) SK Bose2
Affiliation: 1LL.M Student, 2Professor 1,2School of Law, Manav Rachna University, India
Page No: 44-49-
Volume issue & Publishing Year: Volume 1 Issue 7 ,Dec-2024
Journal: International Journal of Modern Engineering and Management | IJMEM
ISSN NO: 3048-8230
DOI:
Abstract:
This research article provides a comparative study of cybercrime legislation within the frameworks of public law in India, Bangladesh, and Pakistan. These South Asian countries have experienced rapid technological growth, leading to an increased dependency on digital platforms, which has simultaneously opened new avenues for cybercrime, including data theft, online fraud, hacking, and cyber terrorism. As a result, each country has developed distinct legal responses to combat these threats, notably through the Information Technology Act (2000) in India, the Digital Security Act (2018) in Bangladesh, and the Prevention of Electronic Crimes Act (2016) in Pakistan. While these laws share common objectives of safeguarding digital integrity and security, they differ considerably in scope, enforcement mechanisms, and adherence to public law principles like transparency, accountability, and protection of fundamental rights. This study explores the unique legal and socio-political factors shaping each country’s cybercrime legislation, examining how well these laws address emerging cyber threats and protect individual freedoms. The article critically assesses each country’s approach to integrating international standards and balancing national security concerns with individual rights, particularly regarding freedom of expression and privacy. Additionally, it investigates the role of comparative public law in enhancing cyber governance and cross-border cooperation within the region, identifying significant gaps in harmonization that hinder effective collaboration against transnational cybercrime. Through an analysis of legislative effectiveness, enforcement challenges, and human rights considerations, the article provides insights into the potential for a unified approach to cyber governance in South Asia. The findings underscore the importance of establishing robust, rights- based frameworks for cyber law governance that align with global standards. Recommendations for improving these frameworks highlight the need for enhanced regional cooperation, a commitment to international legal norms, and reforms that ensure the protection of digital rights and effective cybercrime prevention across India, Bangladesh, and Pakistan
Keywords:
Cyber Law, Cybercrime Legislation, Comparative Public Law, Cyber security Governance, Digital Security Act, Information Technology Act, Prevention of Electronic Crimes Act, South Asia, Legal Frameworks, Cross-border Cooperation, Data Privacy, Freedom of Expression, International Standards, Cyber Threats, Human Rights in Cyberspace
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