Monday, January 10, 2011

E-Courts In India: Project Report For December 2010

India has been sleeping over crucial cyber issues like strong cyber law, effective cyber security and adequate cyber forensics capabilities. Further, industrial lobbying has kept the genuine national interests at far distance and introduced elements of commercial interests for the benefits of few.

Naturally, Parliament of India has not acted the way it was supposed to act in these crucial areas. The Parliament of India must scrap the cyber law of India i.e. information technology act, 2000 and enact an apt law that serves national interest rather than commercial interests of few big industrial players of India.

Besides the “inherent cyber criminals friendly weaknesses” of Cyber Law of India, it has also eliminated the chances of having good alternative dispute resolution mechanism through the use of Information and Communication Technology (ICT), says Praveen Dalal, Supreme Court Lawyers and Managing Partner of Perry4Law. Neither E-Courts nor Online Dispute Resolution (ODR) can be established and survive within the present Legal Framework of IT Act, 2000, warns Praveen Dalal.

Besides having virtually no legal framework for establishment of E-Courts in India and use of ODR for Dispute Resolution of Cyber Contraventions under the IT Act, 2000, even the National Litigation Policy of India (NLPI) has failed to consider E-Courts and ODR as effective methods of Speedy Trial and Judicial Reforms, says Praveen Dalal.

No wonder, we are waiting for the establishment of first e-court in India even till December 2010 and there is no use of ODR in India. The tenure of e-court committee of India has already expired and even the empowered committee of department of justice has not been constituted till now.

The worst in this situation that government of India can do is to entrust the responsibility of establishment of e-courts in India to industrial bodies and associations and their partners. Law Minister Veerappa Moily must urgently step in to salvage the situation that has already become very worst.

Will India Wake Up To Cyber Security Realities?

Industrial lobbying is a bane for India as it has been weakening Indian economy and Indian national, internal and external security. Take the issue of cyber law, cyber security and cyber forensics.

India has a pathetic and criminal friendly cyber law known as information technology act, 2000 (IT Act 2000). The same has been amended by the information technology amendment act 2008 (IT Act 2008) for the sole purpose of e-surveillance and Internet censorship activities in India. This present pathetic position of the IT Act 2000 is also due to the industrial lobbying that prevented Parliament of India from enacting a strong, effective and stringent cyber law.

According to Praveen Dalal, Managing Partner of techno legal ICT Law Firm Perry4Law and Supreme Court Lawyer, India is blind towards cyber law, cyber security and cyber forensics requirements. The IT Act 2000 is a poorly drafted law and badly implemented legislation. It is weak and ineffective in dealing with growing Cyber Crimes in India as it is the most “Soft and Cyber Criminal Friendly Legislation” of the World, opines Praveen Dalal. There is an urgent need to “Amend” the present cyber law of India and make it Robust, Effective and Stringent, suggests Praveen Dalal.

An issue related to this lack of cyber capabilities of India pertains to capabilities of law enforcement agencies to deal with cyber law and cyber crimes related cases. Presently, Indian law enforcement agencies have negligible capacity in this regard.

With the suggestion of The Central Bureau of Investigation Act, 2010 (The CBI Act 2010), the responsibilities of CBI would also be increased drastically in this regard, informs Praveen Dalal. However, CBI is not prepared to deal with issues like cyber law, cyber security and cyber forensics. In fact, CBI website has been defaced by alleged Pakistani crackers and is down for the time being.

India needs greater research and training in the fields of cyber war, cyber terrorism, cyber security, cyber forensics, cyber law, etc. India just has a single techno legal cyber security centre that is providing techno legal research, training and education in this regard. CBI and other law enforcement agencies must actively seek support of institutions or centers like the one managed by Perry4Law Techno Legal base (PTLB).

It has been a long time since India is sleeping over these crucial matters. It is high time for India to wake up and do something in this regard.