E Commerce : Broad Policy /
Elements
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Economic Times ( 15 March ) carries following news :
The government on
Wednesday made a case for a national e-commerce policy and a related consolidated legal framework to address
the challenges of the sector and realise the opportunities in the global
business-to-consumer (B2C) space.
"Most important for
us at this point of time as policy-makers and also as stakeholders who are at
the receiving end...
We do not have a national e-commerce policy and we do not have a
consolidated legal framework to deal with it. So if
we look at the e-commerce...
We do need a broad policy that looks at the broad elements, that we will use to
realise the opportunities," Commerce Secretary Rita Teaotia said addressing a workshop on
e-commerce here.
Some 20 MONTHS ago , I
broadly outlined the contours of an E Commerce
policy , as follows ( - and sent to the Policy Makers ) :
The best that the Committee can recommend is adoption
of the following ,
Parekh's , " 3 Laws of E-Commerce
Economy " ,
to be incorporated as 123rd Constitutional Amendment
( with apologies to Isaac Asimov's 3 Laws of Robotics ! ) :
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LAW # 1 :
Asimov :
A robot may not injure a human being or,
through inaction, allow a human being to come to harm.
Parekh :
Rules / Regulations of E-Commerce shall not
come in the way of unfettered creation of SELF
EMPLOYMENT
Any existing Law / Rule / Regulation that
hinders a person to become Self Employed,
shall be treated as ultra-vires
Further , any Law / Regulation of "
E-Commerce / FDI " which slows down Investment ( Foreign or Local /
Official or through channeling of BLACK MONEY
), shall be treated as " bad in law " and struck down
-----------------------------------------------------------------------------------------------------------------------
LAW # 2
Asimov :
A robot must obey the orders given it by
human beings, except where such orders would conflict with the First Law.
Parekh :
Laws / Regulations governing " E-Commerce / FDI " shall be subservient
to Laws / Regulations governing " Commerce / Investment " .
Whenever any
Public Authority / Court finds conflict between the two , laws / regulations
governing " Commerce/ Investments " , shall prevail under all
circumstances , and in favour of the self
employed
-----------------------------------------------------------------
LAW # 3
Asimov :
A robot must protect its own existence
as long as such protection does not conflict with the First or Second Laws.
Parekh :
Laws / Regulations
of " E-Commerce / FDI " which get over-ruled under LAW # 2 , shall immediately " Self Destruct " in favour of
unobstructed progress of TECHNOLOGIAL ADVANCES
For the underlying logic, read :
15 March 2018
www.hemenparekh.in
/ blogs
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