Courts Automation Systems In India, E-Courts And Online Dispute Resolution (2013)

Indian courts have been using information and communication technology (ICT) for effective judicial functioning. New features like online cause lists, filing of cases on digital mediums like CDs, providing of judgments online, use of video conferencing, etc. are already being used by courts of India.

However, automation of courts systems in India is still far from satisfactory. We are still waiting for the establishment of first e-court of India. Till now India has been able to computerise some courts alone and e-courts functionalities are still missing.

For instance, courts automation and functionalities like e-filing, submission of notices and evidence, online cross examination, online cyber forensics support, etc are still missing.

At Perry4Law and Perry4Law’s Techno Legal Base (PTLB) we are managing the exclusive techno legal e-courts training and consultancy centre of India. This e-courts centre is also managing software repositories in the fields like courts automation, cyber forensics, cyber security, online dispute resolution, etc.

Further, the e-courts centre of India is also imparting techno legal trainings in the fields like cyber law, cyber forensics, cyber security, e-courts management, courts automation, judicial and legal integration system, legal management systems, e-discovery, etc.

Skills development and trainings for lawyers, public prosecutors, law enforcement agencies, judges and court master and staff is also undertaken by PTLB.

ICT can be used to bring judicial reforms in India. At Perry4Law and PTLB we believe that establishment of e-courts in India and using online dispute resolution in India for effective and alternative dispute resolution can not only bring the pending cases down but also help in providing speedy and economic justice to the litigants.

The sooner e-courts are established in India and ODR is used for alternative dispute resolution the better it would be for the legal and judicial system of India.

Source: Legal Enablement Blog Of PTLB.

ICT Trends in India 2006 By Praveen Dalal (2006)

In furtherance of our “Corporate Social Responsibility” the Law Firm Perry4Law would provide a regular and annual analysis of Information and Communication Technology (ICT) trends in India. The Law Firm Perry4Law is the First and Exclusive Techno-Legal Firm in India and is managing Perry4Law’s Techno-Legal Base TM/SM * (PTLB TM/SM*) and ICT HELPDESK TM/SM*. PTLB TM/SM* and ICT HELPDESK TM/SM* are coordinating and collaborating International and National initiatives that primarily rely upon ICT for their successful operation and existence. PTLB TM/SM* will provide service pertaining to Cyber Law, Cyber Forensics Cyber Security, Techno-Legal E-learning Services, Due Diligence Compliance Audit, E-commerce, E-governance, ADR and ODR, IPRs, International Trade etc. This is the first trend analysis of Perry4Law.

Information and Communication Technology (ICT) is changing the face of contemporary World. The ICT has not only connected the World at one single platform but it is also helping in the integration of various traditional societiesinto modern societies. The mandates of globalisation also require an interaction between Indian economy and World’s economy. Globalisation is closely related to ICT and the ICT strategy of a nation is very crucial to put it on a global map. The ICT strategy in India must be techno-legal in nature rather than purely legal or purely technological. Unfortunately, Indian ICT Strategy is not upto the mark and the same is further degraded with the introduction of the proposed amendments to the IT Act, 2000 (if the original recommendations have been accepted as it is). The concepts of cyber forensics in India, cyber security in India, computer security in India, etc have not yet got the attention of the Indian Parliament.

Though India is emerging as a leader in the field of ICT related services yet there seems to be some missing links. They pertain to the following:

(a) The requirement of paying attention to e-security in India that covers cyber forensics, computer and cyber security, etc.

(b) The cyber law in India also imposes certain restrictions and their violations may take the form of offences and contraventions. Cyber crimes in India are taken care of by the Information Technology Act, 2000 (IT Act, 2000) that also mandates adherence to certain compliance requirements. These aspects must be kept in mind by Companies, Individual and even by the Government.

(c) The establishment of digital evidencing base is an absolute requirement in India. The same is missing for the time being.

(d) There is also a dire need of judicial reforms in India keeping in mind the requirements of ICT.

(e) The establishment of electronic courts in India would be a good step towards implementing the judicial reforms in India in an effective manner.

(f) The electronic era has its own challenges that must be tackled effectively.

(g) The introduction of wireless technology in India would require its own security requirements. Thus, the wireless security in India must be considered on a priority basis.

(h) There are legal risks of electronic commerce as well that also cannot be ignored.

(i) The internet banking in India must also be developed so that a sound e-commerce platform can be established in India.

(j) At the same time the ICT strategy in India must be “reformulated” so that it is conducive for the overall development of Indian economy.

(k) E-learning in India must be used for techno-legal educational purposes in India.

(l) We also need Techno-Legal education in India to cater the need of legal KPO and legal BPO.

(m) The proposed amendments of the cyber law of India, i.e. IT Act, 2000 must be made public and transparent. The IT Act, 2000 must be amended properly and the proposed amendments to the IT Act, 2000, as originally suggested by the Expert Committee, must be rejected at all costs. If some changes have been made in the original recommendations of the Expert Committee, they must be discussed with various segments associated with the cyber law of India.

(n) We must appreciate that e-governance without security is useless.

Nothing short of a techno-legal compliance can provide a viable solution for these missing links. We need initiatives on the lines of PTLB TM/SM . It is apparent that the missing links pertain to securing the ICT infrastructure and cyberspace. It may take the form of on-site security measure or private defence in Cyberspace. This becomes essential to tackle the menace of cyber crimes and cyber terrorism. The preventive measures for ATM Frauds also have their origin in e-security.

Even the legal BPO in India requires a sound base.

The existing deficiencies of the ICT Strategy of India must be removed. The missing links must be put in the chain of ICT so that we can utilise its benefit to maximum extent. Every base requires time, money, energy and resources so that it may mature and suit the requirements. If we consider the “futuristic aspect” of the present cyber law in India that it is clear that this is the high time that we must establish a base. We may face many difficulties but than we will face them in any case. We need to capatilise “collective expertise” and an “ideal public-private partnership” base in India. Even the proposed laws like Broadcasting Bill-06 have certain deficiencies and they must be removed while enacting the ultimate law in this regard.

Source: UNPAN And UN.

Background Information: This article was picked up by UNPAN in 2006 from http://perry4law.blogspot.com/. Another Blog Of Perry4Law Organisation (P4LO) is http://legalsolutionsindia.blogspot.com/2006/12/cyber-law-in-india.html that has also been cited in this articles that was operational in 2004 but now is restricted and is not available for public view. Other restricted Blogs include among others:

(1) http://perry4law.blogspot.com/,

(2) http://legalsolutionsindia.blogspot.com/,

(3) http://cyberforensicsinindia.blogspot.com/,

(4) http://cyberlawindia.blogspot.com/,

(5) http://indian-judiciary.blogspot.com/, etc.

In 2006, E-Courts Project was shifted to Perry4Law.Com website and these Blogs were restricted for public view. In 2008, PTLB.In and Perry4Law.Org websites were launched to strengthen ODR and E-Courts Projects. In 2012, ElectronicCourts.In was launched for specific requirements of E-Courts of India and E-Courts 4 Justice (EC4J) Project was launched in 2014 as part of these E-Courts Projects of P4LO that were in operation since 2004.

Cyber Police Reforms In India Are Needed (2011)

Police reforms in India are long overdue. Whether it is on the front of legal framework, prison conditions, police accountability and transparency or any other similar aspect, police reforms in India have been stagnant.

Some of these reforms pertain to infrastructure while others pertain to policy formulation and still others regarding brand and image making of police in India. While these reforms can be managed through political will yet one reform area that cannot be achieved through mere political will pertains to training of police force in technology related issues.

For instance, we do not have enough cyber crime investigation capabilities in India till now. Cyber crime investigation in India is still far from satisfactory and there are selective police officials who are aware of technological issues and technological laws like information technology act 2000 (IT Act 2000).

At Perry4Law and Perry4Law Techno Legal Base (PTLB) we have been working in the direction of removing these obstacles for the law enforcement officials of India. PTLB has been managing a techno legal ICT training centre for police force that intends to fill this void and make our police force techno legal in nature.

Perry4Law and PTLB suggest that police force of India must be well versed in areas like cyber law, cyber security attacks, cyber forensics, digital evidencing and e-discovery, video conferencing evidence, e-courts, etc.

Presently, these issues are not considered by police force of India. To start with police force must be made aware of the cyber law of India and its applicable provisions. Further, police in India also needs to learn how to investigate a cyber crime. Simple issues of cyber forensics like internet protocol address tracking and data recovery must also be learned by police force of India.

Indian government in general and ministry of home affairs in particular must pay special attention to these issues as ambitious projects like national intelligence grid (Natgrid), crime and criminal tracking network and systems (CCTNS), etc cannot be run successfully through an untrained police and intelligence force.

Cyber skill and intelligence gathering skills need to be developed in India as soon as possible. Perry4Law and PTLB hope that our suggestions would be considered by Indian government for the larger interest of all concerned.

Source: IIPS.

Cyber Crime Investigation Capabilities in India (2011)

India has a single law on cyber crimes. The cyber law of India is named as information technology act, 2000 (IT Act, 2000) and it is the sole cyber law of India. IT Act 2000 is also the sole law that deals with cyber crimes.

Cyber crimes in India have increased unchecked and dramatically partly due to the weak cyber law of India and partly due to poor cyber law knowledge among the police officers. This results in many cyber crimes remaining undetected and unsolved. Further, lawyers and judges are also not aware of cyber law of India and its fine details. This is the chief reason that in India we have very few cyber crime convictions.

Even on the front of cyber security India is not well situated. India is facing serious Cyber Threats and it needs good Techno Legal Skill Development Initiatives to have skilled manpower to meet such challenges, suggests Praveen Dalal, managing partner of New Delhi based law firm Perry4Law and CEO of Perry4Law Techno Legal Base (PTLB).

It seems India has also realised that in the absence of adequate skills it cannot meet the challenges to its internal security. This is the reason why public private partnership (PPP) has been proposed for even internal security matters of India. World renowned techno legal institutions like PTLB can greatly help Indian government in maters like cyber law, cyber security, telecom issues, cyber forensics, digital evidencing, e-courts, e-discovery, cyber crimes investigations, etc.

In fact, the first techno legal cyber crime investigation manual of India would be released shortly by PTLB. PTLB is also providing exclusive courses on techno legal cyber law skill development in India. There are other techno legal skill development courses as well that are provided by PTLB.

The cyber crime investigation capabilities of India need to be enhanced. Police officers, lawyers and judges must be given suitable techno legal training so that cyber criminals can be nabbed and punished. Even the cyber law of India need to be repealed and a new and strong cyber law must be enacted. The sooner this is done the better it would be for the larger interest of India.

Source: Cjnews India

E Courts 4 Justice (EC4J) Project By PTLB

Access to justice is essential for success of rule of law and timely and cost effective legal and judicial services. Keeping this in mind we at Perry4Law Techno Legal Base (PTLB) started the e-courts and online dispute resolution projects in the year 2004. It took us almost a decade to understand the fine details of both e-courts and ODR. Nevertheless, PTLB kept on working in these two crucial directions and other techno legal fields like cyber law, cyber security, cyber forensics, etc.

In 2014 we dedicated our resources and efforts to one of the sub projects under the e-courts category named ECourts4Justice (EC4J). Since then we are continuously developing the same so that it can benefit national and international stakeholders. After much ups and downs, this ECourts4Justice (EC4J) project has finally reached a functional stage.

ECourts4Justice (EC4J) is a result of a decade old expertise and hard working. We applied the concept of e-courts to an Interoperable Criminal Justice System (ICJS) and combined our techno legal expertise in fields like cyber law, cyber crimes investigation, cyber forensics, cyber security, etc. The net result is ECourts4Justice (EC4J) project that we are taking to the next level with this blog and other blogs and websites of PTLB.

We at PTLB believe that access to justice and justice for all is possible by productive use of information and communication technology (ICT). That is why we launched two ODR platforms for national and international stakeholders.

The first one is a Professional ODR Network where individuals, companies, governments, multi national companies, etc can  use our paid ODR services through the online portal. All the parties to the dispute need to do is to incorporate the ODR clause in their agreements while signing the same. Even if there is no such ODR clause in an agreement, there is a provision to use the same directly on the ODR portal if both the parties agree to the same.

The second online portal is part and parcel of our ODR Training Project where we have provided an online platform to national and international stakeholders to resolve their disputes free of cost. This pro bono services is provided under our Corporate Social Responsibility to ensure access to justice, justice for all and resilience for all.  All an individual or company has to do is to fill a ticket and we would do the rest.

To assist stakeholders in effective use of our ODR and E-Courts portals, we have been managing few dedicated Twitter handles. These are @ECourts4Justice, @RWLIndia, @ODRIndia, @TLCEODRI, etc.

We hope all stakeholders would be benefited by the ECourts4Justice (EC4J) and other projects of PTLB.