All content is taken from the official government website from https://wcd.nic.in/acts/
Advisory on the functioning of Matrimonial ” websites in accordance with The Information Technology Act, 2000 and Rules made thereunder.
All Matrimonial Websites/ Matrimonial Mobilc Applications, etc.
- Marriage is one of the most important socio-cultural institutions. Traditionally Indian families have sought help from relatives, marriage brokers, and later through newspaper advertisements to marry their sons and daughters. This match-making process has been evolving over a period of oi time. With the introduction of online matrimonial websites/ portals, a whole new world of possibilities has opened up. Today the Indian matrimonial websites have emerged as a new and popular medium liar seeking marriage partners. However, there have been complaints of trails, misuse of the information uploaded on the matrimonial websites. There have been instances where users of matrimonial websites Ialsify about their marital status, as e, height, personality, health, social and economic status. In most o I the cases ‘actions are women who fall prcy to these fraudsters alter getting introduced through fake pro lives on the matrimonial portal. “thus there is a need lor strengthening protective measures tor all users of’ such websites health, social and economic status. In most o I the cases ‘actions are women who fall prcy to these fraudsters alter getting introduced through fake pro lives on the matrimonial portal. “thus there is a need lor strengthening protective measures tor all users of’ such websites
2. Matrimonial Websites/portals as Intermediary. These matrimonial websites/portals function as intermediaries as defined under sub-clause (w) of Section 2 of the Information Technology Act, 2f100 (IT Act). As per section 2 (1) (w) of’ Information Technology Act, 2000. an intermediary” with respect to any particular electronic records, means any person who on behalf of another person receives, stores or transmits that record or provides any service with respect to that record. Accordingly, the matrimonial websites/portals are mandated to adhere to the provisions ol‘ the Information Technology Act, 2000 and the Rules made thereunder including The Information Technology (Intermediaries Guidelines) Rules, 2011, as notified by the government on April 1 1, 201 1 vide G.S.R. 314(E).
3. Department of Electronics and Information “Technology (l)citY), in response to Ministry of Women & Child Development (MWCD) and in consultation with MWCD, Ministry of Home AHairs (MHA), Nation a1 Commission for Women (NCW), Matrimonial Website service providers as well as industry associations, has developed this Online Matrimonial Websites / Matrimonial Mobile Applications, (hereinafter Matrimonial Websites), etc. specific \dvis‹›ry for the benefit o1’ registered users who are either creating the profile or whose profile is being uploaded for’ matrimonial alliance (hereinafter users).
4. Matrimonial Websites arc advised to adopt the fo flowing framework. which may include:
- user agreement (3’erms and Conditions) acce}ated by each user at the time of registration. ’The terms and conditions ( 1’&C) and any other policy including document (s) of these matrimonial websites shall be in line with The Information technology (Intermediaries Guidelines) Rules, 2011, as notified on April 11, 201 I vide G.S.R. 314(E). In addition. I&C may also include statements like
- Confirmation of user’s intent to enter into a matrimonial alliance and further
- Confirmation that the user information provided is correct to the best of his/her knowledge.
- The matrimonial website shall strive to provide for user verification by registering
his/her mobile nuinlaer as a due diligence measure.
- Submission of Identity documents: The users may bc strongly advised to submit
upload true copies of supporting documents such as proof of identity and address for the purpose of user authentication. It is advisable that the Matrimonial websites should provide a list of’ such legally verifiable documents which can serve the 1 urpose of proof of identity and address.
- Service providers of the matrimonial websites should make declaration that the website is strictly for matrimonial purpose only and not a dating website and should not be used for 1 Osting any obscene material. The same should atleast be
highlighted prominently on the website homepage.
- Matrimonial websites should work to ‘ards achic unp the National / International Standard(s) such as IS/ISO/IEC 27001 standards t”or data protection.
the matrimonial websites should prominently display and also send regular communication to its users including but not limited to the following:
- Terms and conditions as agrccd by user.
- The statement that Matrimonial websitcs to not authenticatc any information of any profile unless specifically stated and hcncc uscrs need to verify the credentials and information provided by other‘ uscrs.
- Cautioning user’s against possible fraudsters who ask for favors, money, etc. and other- possible misuses as know to or reported to the matrimonial websites.
- Encouraging registered usei’s to report any li audulent activity to matrirnonial wcbsite as wc11 as to las enforcenient agcncics.
- Safety tips as appropriate.
- Matrimonial websites, beinb° intermediaries, shall publish on its website the name of the Grievance Officer and his contact details along with complaint redressal mechanism as provided under Itule 3(1l) of The Information Technology (Intermediaries Guidelines) Rules, 2011.
- Matrimonial website service providers should dcvelop a Frequently Ask Questions (FAQ) as a user friendly measure.
- Matrimonial Website should store the IP address of profile creation and access logs (date and time stamping) for a period of one year from the date of account deactivation.
Date: 6th June 2016