Authors: Akshara Gupta
Abstract: The frequency, sophistication, and intensity of cyber-attacks have compelled strong national cybersecurity efforts worldwide. India being among the largest digital economies is confronting special cybersecurity challenges in terms of cybercrime, data breaches, vulnerabilities in infrastructure as well as issues regarding digital sovereignty. The Ministry of Electronics and Information Technology (MeitY), anticipating this challenge and responding to it, formulated the National Cybersecurity Strategy (NCS) in 2020. Though the draft gives an overarching vision including secure cyberspace, data privacy as well as institutional coordination, it shows gaps galore when tested against current legal norms and principles. This paper critically examines the 2020 draft National Cybersecurity Strategy (NCS) by contrasting its goals with India's existing legislative and regulatory framework, including the Information Technology Act 2000, the Personal Data Protection Act (DPDP), 2023, and industry-specific policies. The research reveals major policy-law disconnects including a lack of legally enforceable commitments, institutionally fragmented accountability, inadequate cyber deterrent provisions, and insufficient transparency regarding surveillance and privacy protections. Additionally, the draft strategy is lacking in specific timeframes, implementation mechanisms, and convergence with international norms and conventions on cybersecurity. Through doctrinal legal assessment and policy examination, the paper analyzes how gaps might jeopardize India’s cybersecurity posture and international digital credibility. The study culminates with policy proposals for legal reform, inter-agency coordination structures, and institutionalizing cybersecurity audits to implement the strategy efficaciously. Closing the gap between policy aspiration and enforceable law is necessary to maintain India’s cyberspace resilient, secure, and rights-respecting amidst rising digital threats.
DOI: http://doi.org/
International Journal of Science, Engineering and Technology