E-Delivery Of Justice In India Needed

Electronic delivery of justice in India has failed to achieve what was desired. From 2003 to 2012 we have failed to establish e-courts in India. Till March 2012 we are still waiting for the establishment of first e-court of India. So for all practical purposes establishment of e-courts in India is still a distant dream.

E-Courts in India are still in the first stage of computerisation in some of the aspects of the courts. Full fledged e-filing, submission of plaints and documents online, online evidence producing, etc. are still missing. Although the e-governance initiatives such as e-filing at Supreme Court, online case status, online judgments and online case lists have begun, yet the e-court initiative still has a long way to go.

The constitutional right to speedy trail is still a dream in India and speedy justice through e-courts is at most a fiction in India. Right to a speedy trial is contained in Article 21 of the Indian Constitution. It mandates a speedier and timely disposal of a case. Presently, India is facing a mammoth backlog of cases that can be reduced drastically by use of ICT and e-courts. The efforts for the establishment of e-courts in India are not sufficient and needs rejuvenation.

This is happening because the legislature and executive are not versed with the litigation and the legal fraternity is never consulted while making techno-legal laws. Even firms and individuals who can deal in e-courts related projects are limited in number. For instance, Perry4Law Techno Legal Base (PTLB) is managing the exclusive techno legal e-courts training and consultancy centre of India. There is no other e-courts training and consultancy centre in India and even abroad.

India has taken nine years and still e-courts have not been established. Time has come to take e-courts project of India seriously and start working in this direction.

Cyber Laws And Cyber Security Trends In India 2011

Cyber law in India and cyber security in India was all over the news in the year 2011. However, they were in the news for the wrong reasons. Incidences of increased cyber crimes and cyber attacks were reported from time to time in India. The cyber law trends in India 2011 and cyber security trends in India 2011 were not promising at all but we can expect better results in the year 2012.

Many crucial issues pertaining to cyber law, cyber security, Internet censorship, websites blocking, social media control, cyber law due diligence, social media due diligence, corporate cyber law due diligence, enhanced banking due diligence, Internet intermediaries liability, phone tapping, etc took place in India in 2011. Collectively they pointed towards a negative approach on the part of Indian government.

Similarly, initiative towards strengthening of information and communication technology (ICT) usages in India also proved lack of insight and proper management. For instance, the proposed electronic delivery of services bill 2011 (EDS Bill 2011) failed to address the crucial issues like mandatory e-governance services in India.

Crucial issues like electronic discovery (e-discovery) in India, use of cyber forensics in India, establishment of e-courts in India, use of online disputes resolution (ODR) in India, formulation of critical ICT infrastructure protection policy in India, formulating implementable cyberspace crisis management plan of India, formulating dedicated and suitable e-commerce laws in India, enacting whistleblowers protection laws in India, etc have still to be addressed by Indian government.

On the positive side, the Reserve Bank of India (RBI) tried to streamline the cyber security infrastructure of Indian banks. It made appointment of chief information officers (CIOs) mandatory in banks of India. But all such initiatives of RBI proved futile as cyber security in Indian banking sector is still missing. For instance, online banking systems in India are still insecure. Internet banking cyber security in India is still missing. ATM frauds in India are still in abundance.

An integrated modern banking law of India is in pipeline and that may establish the cyber law and cyber security due diligence for banks in India. In fact, mobile banking transactions in India have already been liberalised. However, mobile governance policy of India is still missing.

On the corporate front, financial frauds and cyber crimes in Indian companies are increasing. However, corporate IT frauds and cyber crimes investigations in India are still maturing. Although attempts to strengthen the corporate laws of India were made in the form of introduction of Indian companies bill 2011 in the Parliament yet the same could not see the light of the day. Also, the bill gave statutory recognition to the Serious Fraud Investigation Office (SFIO) that was expected to give wider powers to investigate corporate frauds and white color crimes. This proposal is also postponed for the time being.

Reports of violation of human rights in cyberspace by Internet intermediaries like Google, Facebook, etc were also made. Concerns regarding Facebook emerging as the worst e-surveillance serving platform also expressed. Reports of Facebook engaging in censorship of its users account were also surfaced.

Incidences of manipulation of Blogspot blogs by negative SEO and competitors were also reported. Similarly, apprehensions regarding manual action penalty and censorship by Google were also raised.

Research in motion’s (RIM) Blackberry messenger services in India have now become an e-surveillance tool. However, this arrangement does not extend to the enterprise Virtual Private Network (VPN) solution, provided through the Blackberry Enterprise Server (BES) product.

Overall the year 2010 saw the cyber law, cyber security and civil liberties protection in Indian cyberspace in bad light. Perry4Law and Perry4Law Techno Legal Base (PTLB) hope the year 2012 would bring positive and reformative changes in this regard.

E-Courts In India Must Be Expedited

Pendencies of cases in Indian courts are normal phenomenon these days. Delay in resolution of disputes adversely affects the confidence of business community and international investors. While traditional litigation system of India cannot be reformed overnight yet effective steps in this direction must be urgently taken.

Technology can be a viable option for resolving judicial problems in India. For instance online dispute resolution (ODR) mechanism can be effectively used to resolve many disputes in an online environment. Similarly, e-courts in India can be established to reduce corruption and irregularities of Indian judicial system.

There is no second opinion that e-courts in India needed. However, establishment of e-courts in India is still a dream as e-courts project of India has failed to provide the necessary impetus in this regard. There are many reasons why e-courts in India failed to take off. The chief among them is the absence of necessary expertise to manage and implement e-courts project of India.

For instance, we have a single techno legal e-courts training and consultancy centre in India. It is managed by Perry4Law Techno Legal Base (PTLB). We need more such specialised institutions to successfully manage the e-courts project of India.

Recently on the occasion of Law Day, Union law minister Salman Khurshid shared his desire for making court proceedings paperless. He asked whether Indian Supreme Court can be paperless. Citing the example of Brazil he stressed that India needs to move in that direction as well.

The idea is good provided India has necessary expertise and will to implement the e-court project of India. Presently that seems to be missing and this make the paperless court a distant dream in India.

Why E-Courts In India Failed?

Electronic courts in India (e-courts in India) have been discussed in India for long but till now we are still waiting for the establishment of first e-court in India. From time to time it has been reported that e-courts have been established in India but none of these claims are true.

There is no doubt about the proposition that e-courts infrastructure in India needs urgent rejuvenation. The so called e-courts project of India has failed to materialise and Indian government must seriously think in this regard.

To start with, we must stress upon e-courts skills development in India. At Perry4Law and Perry4Law Techno Legal Base (PTLB) we believe that without adequate techno legal e-courts skills, the e-courts project of India would never materialise.

Realising this crucial shortcoming, Perry4Law and PTLB have even established the exclusive techno legal e-courts research, education and training institution of India and the world. The e-courts centre of PTLB provides many techno legal e-courts related services that can help in the successful implementation of e-courts project of India and other jurisdictions.

Indian laws and judiciary can become more user friendly through use of e-courts. Speedier justice through e-courts way is the future of Indian judicial system that has been ignored for long. Time has come to give e-courts a serious consideration, preferably on a public private partnership model.

E-Courts Project Of India

Electronic court in India (e-courts in India) is an attempt of Indian government to utilise information and communication technology (ICT) for effective justice administration in India. E-courts project of India is a part and parcel of the national e-governance plan of India (NEGP) and is implemented as a mission mode project of NEGP.

E-courts were first conceived in the year 2003 where it was declared that e-courts would be established in India till the end of year 2003. However, even after passing of 8 years of that deadline, we are still waiting for the establishment of first e-court in India. Till the writing of this article, India does not have even a single e-court.

An e-court is different from computerised court. In the case of e-court everything is done in an “online environment” through the use of Internet and other ICT technologies whereas a computerised court is nothing more than a court having computers and basic level hardware and software.

E-courts essentially involve use of ICT from the stage of dispute to its final adjudication. Everything pertaining to a dispute happens in cyberspace and the parties to the disputes, lawyers, judges, evidence production and analysis, etc all happens through use of ICT.

India has still not achieved this “capacity building” and all it has done in the name of e-courts is computerisation of some traditional clerical work. This is the reason why techno legal experts of India have expressed that we have no e-courts in India and this is also the truth.

India has to shift to the next stage of establishment of e-courts. The computerisation phase is long over and now we must concentrate upon “e-courts capacity development” aspect that is still missing. We have to ensure e-courts related skills development in India that is presently missing.

At Perry4Law Techno Legal Base (PTLB) we are managing the exclusive techno legal e-courts research, education and training centre. It has been providing its suggestions for long and we hope these suggestions would help India in achieving the next stage of e-courts project of India.

Online Dispute Resolution Services In India

Information and communication technology (ICT) has streamlined the way disputes are agitated and resolved. Legal proceedings are increasingly using online platforms and cyberspace for initiation of legal proceedings and their dispute resolution.

However, legal frameworks that can supplement and strengthen such disputes resolution are missing. For instance, the legal enablement of ICT systems in India is still missing. We have no legal framework for online dispute resolution in India (ODR in India) as well as for establishment and management of e-courts in India. Till now we are waiting for the establishment of first e-court of India and use of ODR in India.

At Perry4Law and Perry4Law Techno Legal Base (PTLB) we believe in the importance and use of ICT for dispute resolution. We understand the importance of ICT to the judicial system and important role of ICT in judicial reforms. Use of ICT in effective judicial system and dispute resolution is one area that deserves both national and international attention.

India is using alternative dispute resolution (ADR) mechanisms like arbitration, mediation, etc for long. However, there are very few ODR service providers in India. This is because in India we neither have awareness about ODR nor we have expertise to mange the same. Realising the same, Perry4Law and PTLB have provided the exclusive technology dispute resolution policy of India and ODR policy of India so that ODR may gain popularity and a wider acceptance in India.

At PTLB we provide the exclusive techno legal ODR services in India. These ODR services cover areas like cyber law, cyber security, cyber forensics, technology dispute resolution services, film and entertainment industry disputes resolution, etc.

Internet Corporation for Assigned Names and Numbers (ICANN) has been planning to expand the list of generic top level domain names (gTLDs) among several issues. The same was put as one of the items of the agenda to be voted and decided by ICANN at the second public meeting of the year on 20th June 2011 at Singapore.

Finally, after a long gestation period, ICANN has approved the idea of allotting new gTLDs. Of course, this allotment would not be simple process and filing of gTLD applications would need good techno legal expertise.

Further, these gTLDs allotment would also give rise to many unforeseen challenges and domain name, brands and trademarks disputes in the future. An improper representation of a case or domain dispute may result in loosing the same. Thus, before agitating a domain name dispute at national and international level, knowing of the Uniform Domain Name Dispute Resolution Policy of ICANN is a must.

We hope this note would help all the present and future domain name holders and ICANN’s new gTLDs applicants.

The Role Of ICT In Effective Judicial System

Information and communication technology (ICT) has a crucial role to play in the timely and effective justice dispensation. Online dispute resolution (ODR), e-courts, video conferencing, digital evidencing, sending bail orders and notices through e-mail, knowing online status of cases, online delivery of certified copies of judgments, etc are some of the examples of use of ICT for effective justice delivery.

Successful establishment of e-courts can take care of all the abovementioned aspects of use of technology for effective judicial system. E-courts can take care of issues ranging from filing of cases to the delivery of certified copy of the judgment.

In the Indian context, we are still waiting for the establishment of first e-court of India. Although media reports of establishment of e-courts in India have been surfacing from time to time since 2003 yet as on data we do not have a single e-court in India. Media reports have confused “computerisation” with e-courts as all that has happened in India is computerisation of some traditional aspects of litigation and nothing more.

E-courts require the capability and expertise to provide all litigation services in an online environment. To achieve that purpose we need to have e-courts skills development initiatives in India.

Law Ministry of India must urgently take initiative in this regard as sufficient funds have already been allocated for establishment of e-courts in India and for improving the judicial infrastructure of India.

It has been more than 8 years since it was first declared that e-courts would be established in India. However, lack of expertise has failed this much needed integrated mission mode e-governance project of India. Time has come to give it a dedicated try.

Technology Would Be Used In Europe To Broaden Access To Justice

Access to justice can be broadened if we use information and communication technology (ICT). For example use of online dispute resolution (ODR) and e-courts can greatly enhance the access to justice to a vast majority of population that is still not being able to get the same.

Further, open source software can come as a handy tool for establishing these technology driven platforms for ODR and e-courts. We need not to spend a hefty amount upon proprietary software in order to establish an ODR and e-court platform. Of course, we need technical skills and e-courts skills in order to achieve this purpose.

A consortium, led by Tilburg Law School at Tilburg University has appointed Connect Internet Solutions to develop an application to help legal practitioners measure the costs and quality of their legal procedures. This would broaden access to justice. Once completed, the application will be available in 6 European languages and support those who provide online dispute resolution, including mediators and advisors. It will be particularly relevant for cross-border disputes. It’s being developed using an open source framework, based on a Linux platform.

Perry4Law and Perry4Law Techno Legal Base (PTLB) have been advocating use of ICT for a broader access to justice in India, especially for marginalised segment of population. Let us hope that Indian government would also undertake a good project like this.