Challenges for Mobile Governance in India: A Legal Perspective

Abstract

In recent years, the governments’ use of Information and Communication Technology (ICT), popularly known as electronic governance (e-governance), has been on the rise. Studies have shown that in many countries e-governance has contributed to achieving a number of the targets set out in the Millennium Development Goal (MDG) by the United Nations. However, emerging economies like India are lagging behind developed countries in initiating and implementing e-governance policy and practice. One of the primary reasons for this is a lack of resources and infrastructure with respect to computers, fixed telephone lines and Internet connectivity within the governance network. However, the meteoric rise in mobile phone subscription in India in the last 10 years provides a strong base for an alternative or complementary tool to support e-governance, known as mobile governance (m- governance). The central and state governments of India have initiated numerous m-governance initiatives, but India still faces several legal challenges with m-governance’s adoption. The Information Technology Act, 2000 (India) is able to address some of these challenges but is unlikely to fully address the complex range of issues involving mobile communication. The aim of this paper is to examine the legal issues that need to be addressed in order to create an effective legal environment for m-governance in India. The findings of this paper are likely to assist other emerging economies that are facing similar legal challenges in improving their e-governance scenarios while advancing their MDGs.

Keywords: M-governance, MDG, law, mobile phone, India, security, privacy