Preventive And Offensive Cyberspace Capabilities Of India

India is in the process of establishing cyber war capabilities. This is a good step in the right direction as of late India has been under constant attack through cyberspace.

However, as usual India has taken almost five years to implement the suggestions of Praveen Dalal in this regard. He had suggested use of preventive and offensive defence for cyberspace violations and provided the exclusive techno legal framework for India more than five years ago.

According to Praveen Dalal, Managing Partner of Perry4Law and CEO of the cyber security research, training and educational institution of India (CSRTCI), India has been very slow in adopting both defensive as well as offensive cyber security measures. Whether it is critical ICT infrastructure protection or cyber security of defence forces of India, neither are in order till now, says Dalal. At last India has shown some sensitivity to the preventive and offensive capabilities in cyberspace that has been suggested by us more than five years ago, informs Dalal.

The outline though has been formulated yet it is an altogether different game to execute it. The proposed initiative would require many complex concepts like human rights protection in cyberspace (HRPIC), technical framework, legal framework, etc. The real challenge would be to formulate a techno legal framework that is presently missing in India.

Cyber War Capabilities Of India

At last India has decided to take some action on the front of protecting crucial and strategic computer systems and computer resources. India is in the process of formulating a blueprint for undertaking counter cyber warfare on unfriendly countries.

Attacks on the strategic and military computers have been on rise in India. Various reports have suggested that many military and crucial government departments have been systematically and continuously targeted by cyber criminals.

The National Security Council (NSC) is considering a proposal that would enable the Indian agencies to enhance capabilities to exploit weaknesses in the information systems of other countries and also collect online intelligence of key military activities.

The project would be given effect to by National Technical Research Organisation (NTRO), the Defence Intelligence Agency (DIA) and the Defence Research and Development Organisation (DRDO).

It is also planned that laboratories would be set up in research institutions to simulate cyber attacks with the help of ethical hackers. These laboratories would also training intelligence agencies for offensive and defensive cyber warfare techniques.

Even cyber forensics capabilities would also be developed to analyse attacked computers. Imported software and hardware would also be analysed for backdoors and malware. A separate Computer Emergency Response Team (CERT) for various crucial sectors would also be established.

This proposal is a good step in the right direction provided it is not just another promise with no will and expertise to execute it.

Techno Legal Skill Development In India

Indian has tremendous workforce but the same required a good practical training as well as skill development exercises. Various studies and research in India have suggested that out of the educated masses only 15 to 25% are fit for being absorbed at job places. This ratio equally applies to legal professionals in India perhaps with a much lower percentage.

The present legal educational system of India is in dire need of reforms. In the name of legal education reform the Bar Council of India (BCI) and Law Minister Veerappa Moily have imposed bar examination upon law graduates that has neither a scientific rationale nor a fair and reasonable handling on the part of both.

Legal education in India has to be at par with international norms and standards. Presently legal education of India is lagging far behind than the required benchmark. This is because India is concentrating too much upon academic studies and almost nothing upon practical training and skill development of lawyers and judges.

India needs urgent educational and legal reforms that must be undertaken as soon as possible. One such area that requires urgent attention is the amalgamation of legal education with information and communication technology (ICT). Presently, there are very few organisations that are using ICT for legal education in India.

Both BCI and Moily have failed to appreciate that legal education has now become techno legal where a legal professional must be aware of both technical as well as legal fields. However, there is a dearth of techno legal institutions that provide legal lifelong learning. One such institution that provides techno legal lifelong learning (TLLL) is managed by Perry4Law Techno Legal Base (PTLB).

At the same time there is also a dire need to have institutions that can provide good continuing legal education in India (CLE in India). PTLB covers both traditional legal fields as well as contemporary techno legal fields.

In short, India is running short of institutions that can impart good techno-legal skill development education, training and coaching. The BCI and Law Minister Moily must address these issues as soon as possible.

Encryption Standards, Norms And Laws In India

Telecom security related decisions of India are primarily guided by hysteria and paranoid thoughts rather than genuine security concerns. Telecom security in India must be preceded by proper telecom policies and adequate cyber security initiatives in India. In India we have neither a telecom security policy nor cyber security capabilities.

Firstly, the ban on Chinese telecom equipment has shown the weaknesses of Indian laws and telecom security strategy. It showed that India lacks both a legal framework and regulatory body to manage security issue of telecom industry in India.

Realising the gravity of the situation the government of India announced for the formulation of Telecom Security Regulatory Authority of India (TSRAI) that would advice it on telecom security related issues. However, it is another issue that TSRAI remained a distant dream and mere loud words alone. It proved just a façade to gain time and slip through the banning controversy of Chinese telecom equipments.

Now the government of India is once again locking horns with Research in Motion (RIM) that is managing Blackberry services in India and worldwide. It is forcing RIM and Blackberry to reduce the security and privacy features of its services. RIM and Blackberry have taken a middle path and while refusing to dilute the security and privacy features has shown its willingness to help Indian government and its agencies in matters of national security.

Presently, the cyber law of India i.e. information technology act 2000 (IT Act 2000), as amended by the information technology amendment act 2008 (IT Act 2008) governs the encryption related legal provision. Section 84 A of IT Act 2000 provides that the Central govt may, for secure use of electronic medium and for promotion of e-governance and e-commerce prescribe the modes or methods of encryption.

Further, Section 69 of IT Act 2000 empowers the, Central Government/State Government/ its authorised agency to intercept, monitor or decrypt any information generated, transmitted, received or stored in any computer resource if it is necessary or expedient so to do in the interest of the sovereignty or integrity of India, defence of India, security of the State, friendly relations with foreign States or public order or for preventing incitement to the commission of any cognizable offence or for investigation of any offence.

The security agencies of India are in favour of a weaker encryption standard whereas the present telecom requirements dictate otherwise. Since the Central Government has not taken any initiative in this regard, the Department of Telecommunications (DOT), India has suggested an absurd level of 40 bit encryption for ISPs and a written permission from DOT is required with mandatory deposit of decryption key with DOT. Surprisingly, Indian regulatory bodies like SEBI and RBI have mandated encryption standard greater than 40-bit.

It is high time for India to formulate proper law in this regard while establishing the proposed TSRAI. At the same time RIM/Blackberry should not dilute the security and privacy features of its services otherwise there is nothing distinct that remains in Blackberry that separates it from other ordinary services.

Best Arbitration Institutions In India

Alternative dispute resolution (ADR) in India has been in use since many decades. The present law that governs ADR in India is the Arbitration and Conciliation Act, 1996. The Act provides for ADR remedies through arbitration and mediation. However, the Act suffers from many legal, procedural and structural defects and is in the process of being amended.

There are many good arbitration institutions in India that provide world class arbitration services. However, they are not following the contemporary international practices and norms. For example, there are hardly one or two arbitration institutions that are providing online dispute resolution (ODR) services in India.

In fact there is just a single techno legal ODR centre in India that is providing techno legal ODR services in India and worldwide. Further, there is a single online platform that provides techno legal research, training and education regarding ODR in India.

The national litigation policy of India (NLPI) declared by Law Minister Veerappa Moily is proactive and promising. It has advocated active use of ADR mechanisms like arbitration in India. However, even NLPI failed to consider the contemporary issues like ODR and e-courts.

India has a single ODR institution and single e-courts research, training and consultancy centre. This explains why e-court project of India failed and why till the month of August 2010 we are still waiting for the establishment for first e-court in India.

The problem lies with lack of political and judicial will in India as well as lack of expertise to use information technology for legal and judicial reforms in India. It would be a good idea if concepts like ODR and e-courts are essentially made part of NLPI and the proposed amended arbitration law of India.

Online Cyber Law Education In India

Cyber law is a challenging field that requires expertise to handle. This is more so when the law and technology fields are merging together and presenting complex challenges before the police, lawyers, judges and corporate professionals.

Cyber law is also a good career provided the aspirant is committed to do good amount of hard labour and undergo practical training. Although there are numerous cyber law diploma providing courses in India yet they are theoretical and academic in nature. They are devoid of the practical utility that is in fact required in the field and court rooms.

For very serious candidates, the option seems to be limited. One such great option is the courses provided by Perry4Law Techno Legal Base (PTLB). A wide range of exclusive online techno legal training courses are provided by PTLB for cyber law, cyber security, cyber forensics, e-courts, ADR and DOR, etc.

For getting the complete details of the courses and career options, you can visit the online platform of PTLB.

Cyber Law Training Of Police Force In India

Cyber law is a technical subject that requires good amount of training. The police force that has an important duty of maintaining law and order and to curb cyber crimes must be well aware of the fine details of cyber law. In order to achieve this objective the police force must be suitably training in the cyber law field.

Cyber law training is essentially techno legal in nature. Perry4Law Techno Legal Base (PTLB) is the exclusive techno legal training institution of the world that is providing techno legal training to police officer in India and world wide. Police officer from any part of the world can enroll for its highly specialised techno legal online cyber law training courses.

An interactive platform has been launched by PTLB to streamlining techno legal trainings in various fields like cyber law, cyber security, cyber forensics, etc. These training programs are available to not only police officers but also to lawyers, judges, corporate professionals, law students, etc. It also carries details regarding cyber security training courses in India, cyber forensics training courses in India, e-courts training in India, ADR and ODR trainings in India, etc.

If you wish to have more details regarding these courses or other techno legal initiatives of PTLB, you may visit its comprehensive portal for further details.

Commercial Division of High Courts Bill, 2009

Law Minister Veerappa Moily is planning to put before the Parliament of India the Commercial Division of High Courts Bill, 2009 for its approval. This is a crucial piece of legislation as it intends to provide a quick and effective commercial disputes resolution mechanism. The Bill aims at establishing special courts for speedy hearing of commercial disputes of Rs five crores and above.

Commercial disputes require immediate and appropriate dispute resolution to retain faith of business and commercial community in the dispute resolution machinery. India has not been a preferred destination for commercial disputes resolution due to inadequate commercial dispute resolution machinery.

India needs to strengthen its alternative dispute resolution (ADR) mechanism as well as online dispute resolution (ODR) mechanism to inculcate confidence among the business community. Similarly, the Arbitration and Conciliation Act, 1996 must also be suitable amended to incorporate necessary provisions regarding ODR and e-courts.

The present arbitration law of India is not adequate for ad hoc as well as institutionalised arbitration. It is also not effective for international commercial arbitration as well. Moily is planning to bring suitable amendments in the arbitration law of India. With this we can hope that India may get its deserving share of ad hoc and institutionalised arbitration and commercial dispute resolution services.

Continuing Legal Education In India

Legal lifelong learning has a very important objective. It keeps on updating the knowledge of those involved in legal or allied fields. Continuous updating ones skills and knowledge is very essential to keep an edge over others.

This is also important in the dynamic legal field through which the legal profession is passing through. Fields like cyber law, cyber forensics, etc were not available a decade before but they must be learnt by all those related to legal field.

Legal education has now become techno legal where a legal professional must be aware of both technical as well as legal fields. However, there is a dearth of techno legal institutions that provide legal lifelong learning. One such institution that provides techno legal lifelong learning (TLLL) is managed by Perry4Law Techno Legal Base (PTLB).

At the same time there is also a dire need to have institutions that can provide good continuing legal education in India (CLE in India). PTLB covers both traditional legal fields as well as contemporary techno legal fields.

There is an urgent need to bring suitable legal educational reforms in India. The present legal education in India is not up to the mark. Further, the legal education in India is also shying away in using e-learning and online learning to expand the legal education base.

Law Minister Veerappa Moily and bar Council of India (BCI) must take some immediate and pro active role in the direction of legal education in India in general and CLE/LLLE in particular.

Cyber Forensics Training Courses In India

Cyber forensics is a highly specialised field that required good amount of techno legal training. It requires both technical as well as legal acumen and a good understanding of both aspects can be beneficial.

In India there are very few good cyber forensic research and training institutions. Further, there is just a single techno legal cyber forensics training institution (TLCFTI) in India. The same is managed by Perry4Law Techno Legal Base (PTLB), India’s premier techno legal institution and one of the best in the world.

The cyber forensics training by PTLB is a great blend of the concepts like cyber law and cyber forensics. It provides a holistic view of cyber law, cyber crimes, cyber forensics and their litigation aspects.

The best part is that this training is provided through e-learning method so any person residing in any part of the world can avail this training.

All those who are interested in having a great career in cyber law or cyber forensics must essential undergo training from PTLB as that is the best techno legal training in the world. Since the seats are limited, go get a seat as soon as possible.

Cyber Security In India Needs Rejuvenation

Cyber security in India needs good political, public and policy support. Issues like cyber law, cyber terrorism, cyber crimes, cyber espionage, cyber war, etc have been long neglected by India. This is detrimental to national security of India and internal security of India.

Strategic information plays a crucial role in launching an attack as well as preventing the same. Similarly, sensitive information in the hands of enemy, cyber terrorists, etc may also not be good for India.

Critical ICT infrastructure protection (CIIP) in India also necessitates that India must pay enough attention to cyber security issues. The Home Ministry, India is stressing too much upon issues like diluting encryption standards of Blackberry, a product of research in motion, e-surveillance of e-mails, telephone tapping capabilities, national intelligence grid (Natgrid), etc.

All these projects would prove to be landmines for India in the absence of proper laws and effective cyber security. Take the example of unique identification project of India (UID Project of India) or Aadhar project of India. It is managed by Nandan Nilekani as the chairman of unique identification authority of India (UIDAI). It would collect crucial biometric information and other details of Indians without any law that protects it from illegal data thefts, privacy breaches, etc. If such a crucial database is targeted by cyber criminals, much worst can happen.

According to Praveen Dalal, CEO of the exclusive techno legal cyber security research and training centre of India (CSRTCI) and managing partner of Perry4Law, India is not yet prepared for cyber threats. In fact, projects like Aadhar, Natgrid, CCTNS, etc are going to create more trouble than solution in the absence of proper laws and effective cyber security, says Dalal.

It seems India has misplaced its priorities and is engaging in unproductive and unconstitutional projects that are neither viable nor legal. Indian government must address these issues as soon as possible in the larger interest of India.

Cyber Terrorism In India Is A Big Security Threat

Cyber terrorism in India is no more a fictional idea but is a reality. Although there is no clear cut definition of cyber terrorism yet use of information and communication technology (ICT) by terrorists is beyond any dispute or doubt.

India has been consistently lax regarding enacting strong cyber laws and ensuring good cyber security. As a result crucial governmental computer systems have been targeted by cyber criminals throughout the world. Many sensitive documents have been stolen in this manner but India has not taken enough steps to either strengthen its cyber law or effectuating its cyber security.

As a result cyber crimes in India are increasing at an alarming rate. Even the information technology act 2000 of India carries a single provision regarding cyber terrorism. It is surprising how such a crucial issue has been so indifferently dealt with by Indian government by a single provision.

A special attention must be given to cyber security of defence forces installations as they usually carry sensitive information. These installations must be frequently tested for cyber security breaches as compared to other normal and civil computer systems.

India need to gather popular public support as well as the political will to meet the objectives of cyber security and to prevent cyber terrorism and cyber attacks. Cyber security is a collective responsibility and India as a whole must address this issue with a sound cyber security policy.

Cyber Forensics Training Courses In India

Cyber forensics has become an important career option. However, cyber forensics is not easy to learn and even tougher to apply. The real cause for lack of trained cyber forensics professionals is the fact that cyber forensics educational and training institutions have been opened in very corner of the world. However, a majority of them are just providing diplomas and degree without any practical training.

The first thing a cyber forensics aspirant must keep in mind is the fact that cyber forensics is all practical and almost not at all theoretical. Although theory is of paramount importance to understand the academic concepts yet mere theory is of no use till it is actually implemented.

Further, any good cyber forensics training must essentially be techno legal in nature. The job of any training course must be to develop skill of the aspirants and not to fill their minds with academic concepts.

Fortunately, Perry4Law Techno Legal Base (PTLB) is one such premier institution that provides practical cyber forensics training in India and worldwide. It provides cyber forensics training in an online environment. It also provides techno legal trainings in other fields like cyber law, cyber security, online dispute resolution, e-courts, etc.

These training courses have been specially made for lawyers, judges, police officers, corporate executives, law graduates, dispute resolution professionals, cyber security professionals, etc. So grab a seat before they are gone.

Cyber Crimes Are Increasing In India

Cyber crimes in India are increasing at an alarming rate and Indian government and department of information technology (DIT), India are doing nothing in this regard. In fact, the DIT proposed very weak, ineffective and counter productive amendments to the already weak cyber law of India in the past.

The information technology amendment act 2008 (IT Act 2008) amended the information technology act 2000 (IT Act 2000) and made it a base for committing various cyber crimes openly.

According to Praveen Dalal, the leading techno legal experts of India, India has been experiencing an increase in cyber crimes like hacking, spamming, phishing, etc due to many factors. The first and foremost factor among them is the lack of an effective and stringent cyber crime law in India.

The cyber law in India is not effective instead it is counterproductive. India is the only country in the world that has the provision of bail in cyber crime cases. It means even if a person commits cyber crimes like phishing, hacking or any similar cyber crime or contravention and is somehow caught by the Police force, he would be released on bail as a matter of right. This provision of cyber crime has made India a safe place for cyber criminals, warn Dalal.

Besides, there is a lack of adequate cyber forensics and cyber security capabilities in India that helps in the growth of cyber crimes. Irrespective what the government of India and DIT say, the position is really worrisome.

Time has come for the Indian government to amend the IT Act 2000 so that cyber criminals can not only be caught by the police but also get severe punishment.

Public Information Infrastructure In India

Sam Pitroda is a name that does not require any introduction. He is the one who was responsible for telecom revolution in India. Now Sam is in the process of bringing another informational revolution.

He intends to make data in the public domain available to around 1.2 billion citizens. To achieve the same he plans to create a public information infrastructure running through kiosks in cities and 2.5 lakh Bharat Nirman e-centres in 6 lakh villages.

With a massive population in India and general lack of political will to achieve an ambitious project like this, he has to cover a long road. The task is really challenging and if accomplished would go a long way in creating an informed citizenry in India.

India’s existing information framework is scattered, with each state establishing its own data centre for automating land records, transport and municipal applications, among others. The proposed initiative plans to host all software applications on a cloud (internet), increasing efficiency and speed as well as slashing costs. However, techno legal experts like Praveen Dalal believe that India is still not ready for cloud computing and software as a service (SASS).

According to Praveen Dalal India has a very weak cyber security and no dedicated privacy law. Even there is no dedicated data protection law in India. The data of end users and governmental agencies is not safe in the absence of these essential regulations that the government of India is willingly not interested in enacting.

There is no doubt about the utility of the proposed project of Sam Pitroda. There is neither a single point for Indian citizens to get information nor there is a consolidation of the efforts of various States. Even duplication of data can be avoided and better results can be produced at a single point, says Praveen Dalal.

It would be a good idea if India formulates a good cyber security policy and effective privacy and data protection laws so that the project by Sam Pitroda can successfully see light of the day, suggests Praveen Dalal.

Sam Pitroda has submitted the blueprint to the PM and a panel comprising high-ranking officials has been established to steer the project. The government will fund this project with an estimated cost of Rs 15,000 crore. The project will provide a platform for sourcing of ideas from citizens, feedback and evaluation of government schemes.

Domain Name Dispute Resolution In India

Domain name has become a necessity these days. Whether it is a multi national company or a small business, all of them needs domain name. This is primarily due to the fact that web presence is a must these days.

This necessity has given rise to an evil practice known as cyber squatting. Cyber squatting is the practice of registering a domain name of well known person, institution or company in the hope that the same may be resold on higher prices to the stakeholder.

In India we do not have a law regarding cyber squatting and the same is dealt with either under the trademarks act 1999 or the torts law. That is why we need an effective and alternative dispute resolution mechanism for domain names.

India has many good arbitrators and domain name dispute resolving experts. India also has ad hoc arbitrators and institutionalised arbitration. India also has the specialised alternative dispute resolution (ADR) and online disputer resolution (ODR) Centre.

If your matter or dispute falls under highly technical field like cyber law, cyber forensics, cyber security, etc, even the same can be effectively and professionally handled in India. India has the exclusive techno legal ODR services providing platform of the world.

However, India has to make its arbitration law more effective. India also has to take steps in the direction of making international commercial arbitration more effective in India. If India reforms some of the pressing needs of ADR and ODR, it can become a hub for international arbitration.

Legal Enablement Of Intelligence Agencies Of India Is required

Intelligence agencies and law enforcement machinery of India are working almost with no legal framework supporting their functioning. This is not only affecting the genuineness and credibility of such agencies and authorities but is also casting a great doubt about their impartiality.

For instance, the Central Bureau of Investigation (CBI) is under fire for the same reason and is considered to be a puppet in the hands of ruling government. This is bound to happen so long there is neither a legal framework nor accountability of the CBI to Parliament of India or to any statutory enactment. Why India abhors enactment of relevant and mandatory legislations is still a mystery to solve.

India is notoriously infamous for creating authorities and agencies without any legal sanction and framework. Surprisingly, a majority of them pertains to law enforcement and intelligence agencies like CBI, IB, RAW, etc.

Of course, we have illegal and unconstitutional projects like the unique identification project of India (UID Project of India) or Aadhar project of India and unconstitutional authorities like unique identification authority of India (UIDAI). Why Parliament of India is not conferring legitimacy and constitutionality upon these authorities is still not understandable.

Validity Of Electronic Legal Notices In India

With almost a decade of enactment of information technology act 2000 (IT Act 2000) and almost five years since Praveen Dalal, Managing Partner of Perry4Law and CEO of the exclusive e-courts training and consultancy centre of India (ECTCCI) and of the world suggested the same, the Supreme Court of India has finally accepted the suggestion to send legal notices through e-mails.

The Supreme Court of India on Monday decided to experiment with email notices to respondents to cut the delay in the traditional method of serving notices. A bench comprising of Chief Justice of India S H Kapadia, Justices K S Radhakrishnan and Swatanter Kumar gave this order.

The bench also clarified that it is not making a new rule but providing for an additional mode for service of notices. The traditional method of notice sending is still kept intact.

The bench also realised that there may be some difficulties in implementing this initiative. It asked all the lawyers present in the court about putting in practice the serving of notice through emails, at least to start with in commercial matters.

This is a good step in the right direction especially after the failure of the e-courts project of India. Due to lack of political and judicial will and techno legal expertise, India is still waiting for the establishment of first e-court in India.

Now at least the Supreme Court of India has started covering the basic aspects related to establishment of e-judiciary in India.

Constitutional Analysis Of National Identification Authority of India Bill 2010

Aadhar project of India and the UIDAI are both operating without any law empowering them to act. This is strange as the Indian government has deemed it fit to confer extreme powers in the hands of an authority that does not exists in the eyes of law. Further, due the controversial nature of the work assigned to UIDAI, civil liberties violations are bound to arise in future. The Aadhar project must have been first supported by a law and thereafter only it should have been launched. Due to industrial lobbying and private profits consideration, the government of India has sacrificed the precious and sacrosanct human rights for considerations better known to it. This is the first and most comprehensive analysis of the National Identification Authority of India Bill 2010 by Praveen Dalal, Managing Partner of Perry4Law.

The National Identification Authority of India Bill 2010 (Bill) has been recently proposed by the Unique Identification Authority of India (UIDAI). The Bill, if made a law, would be called National Identification Authority of India Act, 2010 (Act). Here are some of the salient features of the Bill:

(1) The Bill is still not a valid piece of legislation till it is approved by both the Houses of the Parliament, receives President’s assent and then finally notified in Official Gazette by the Government of India.

(2) The Bill is not a comprehensive one and neither has it intended to cover all the aspects of Aadhar project of India. The Bill’s main objective is to provide legitimacy to the Unique Identification Authority of India (UIDAI) renamed as the National Identification Authority of India (NIDAI) and for matters connected therewith or incidental thereto.

(3) The Bill has picked up many provisions of the Information Technology Act 2000 (IT Act 2000) for various issues. One of them also pertains to the extra territorial application of the Bill.

(4) The Bill is a good piece of work as far as administrative aspects of Aadhar project is concerned. However, it has almost nothing to offer regarding protecting civil liberties of Indians. Privacy issues, data protection issues, etc are missing from the Bill.

(5) By making the IT Act 2000 a base for many of its provisions, the Bill has incorporated the weaknesses and lacunas of the same. It seems the members drafting the Bill did not take pain to do some good research and formulate new and better provisions.

(6) The Bill’s greatest strength is its Public Private Partnership (PPP) Model through which it is seeking the expertise and assistance of various individuals, institutions, etc. The Bill is also great to the extent it catering the requirements of Research and Development regarding some of the most crucial aspects of contemporary times.

(7) The Bill has its own list of Offences and Penalties. The list though not adequate but if supported by different and supplementary legislations would strengthen the Bill. These provisions have been inspired by the IT Act 2000 with all its limitations and demerits.

(8) Provision regarding delegation of authority of the NIDAI is also incorporated to bring flexibility among the functioning of the authority. The only fact that has to be kept in mind is that this delegation must not be abused for private gains of private players.

(9) The provisions of this Act shall be in addition to, and not in derogation of, any other law for the time being in force. Thus, other law would supplement the provisions of this Bill and make it more effective.

In short, this is a great enabling legislation for the UIDAI/NIDAI and its administrative functions. It has taken care of most of the aspects that would allow the authority to perform its functions effectively, transparently and with accountability. Proper care has been taken to use PPP Model as well as to use the expertise of others.

On the negative side, the Act does not cater the civil liberties requirement that is also the toughest challenge before it and the first and foremost challenge for its authority. This may be due to the fact that the Act never intends to cater the civil liberties requirements and has left it for the Indian government through a separate legislation.

The NIDAI would face the challenge of “Unconstitutionality” on two counts. Firstly, the authority must be constituted by a proper law. This requirement would be fulfilled if the Bill is made an enforceable law. The second is that it must not violate the Civil Liberties of Indians. This is a tricky issues and the same has also been avoided by the present Bill. The Indian government has promised to enact laws regarding privacy and data protection very soon.

If the Bill and those laws are combined, they may take care of the constitutionality attacks and the NIDAI may proceed further for its tasks. But for the time being, both Aadhar Project and UIDAI/NIDAI are “Unconstitutional” Project and Authority.

International Commercial Arbitration In India And Commercial Transactions

Information and communication technology (ICT) has given a new meaning to international commercial transactions and business. E-commerce has now become an indispensable part of our day to day commercial activities. This has also given rise to both traditional as well as contemporary international commercial disputes all over the world. So much so that the Law Minister Veerappa Moily has said that a commercial court would be set up in each high court and all cases with an investment exceeding a certain sum will be tried in the commercial court.

At the same time alternative dispute resolution (ADR) mechanism in India is also under the process of rejuvenation. Though online dispute resolution (ODR) and e-courts in India are still a distant dream yet the procedure of bringing suitable amendments in the existing arbitration law of India is in pipeline.

Thus scope of International Commercial Dispute Resolution (ICDR) Services in India is increasing day by day. ICDR can be availed of for disputes arising out of contracts on sales of goods, distributorship, agency and intermediary contracts, construction, engineering and infrastructure contracts, intellectual property contracts, domain name dispute resolutions, joint venture agreements, maritime contracts, employment contracts, etc. The list is just illustrative as the business transactions are too many to categorised here.

The traditional litigation methods of dispute resolution are not very helpful for such high staked commercial disputes. This has necessitated the requirement for ADR mechanisms like Arbitration, Mediation, Conciliation, etc.

India has tremendous capabilities for both ADR and ODR. However, India is lacking on the front of a good law in this regard. The Arbitration and Conciliation Act, 1996 has proved more to be a burden than a relief. There is an emergent need of reformulating Indian laws in this regard.

Public Services (Protection and Regulation) Bill, 2010 Of India

Very few laws are as important as is Public Services (Protection and Regulation) Bill, 2010 of India. It has, however, not received the attention that it required. Even there is no mention whether it would be passed in the current winter session (July-August 2010) of the Parliament of India or not.

The “Model Public Services Law” was one of the items included in the President’s Address to Parliament on the 4th June, 2009. The law is to cover functionaries providing important social services like education, health, rural development, etc., and commit them to their duties and for that purpose, Legislative Department has attempted a tentative Bill titled the Public Services (Protection and Regulation) Bill, 2010.

The legislation seems to be a good one and like right to information act can go a long way in reforming and streamlining public services in India. Removal of corruption and bringing transparency in public dealings must be the main objective of the ultimate bill.

Interested persons or institutions may send their suggestions or recommendations to the ministry of law, India.

National Litigation Policy Of India

Law Minister Veerappa Moily has recently released the National Litigation Policy of India (NLPI). It has many good legal and judicial reforms ideas. From avoiding unnecessary litigation by governmental departments to use of alternative dispute resolution (ADR) mechanism, the NLPI is full of great ideas.

However, the NLPI is also deficient when it comes to use of information and communication technology (ICT) for legal and judicial purposes. The NLPI lacks ICT impetus as it failed to address the issues like e-courts and online dispute resolution (ODR) mechanism as means of speedy and effective dispute resolutions.

Further, in the absence of political will, India also cannot be a global arbitration hub. The absence of political will would also jeopardise the NLPI and the same may remains as mere words.

Moily is working really hard in the direction of legal and judicial reforms and all he need is accomplishment of the tasks assigned in NLPI. Further, he must also have a pro active approach towards use of ICT for legal and judicial purposes.

Moily must insist upon time bound achievements regarding crucial projects like e-courts and ODR. There is also an emergent need of techno legal trainings of police officers, lawyers, judges, court staffs, etc.

Let us hope that Moily would pay attention to all these crucial aspects so that legal and judicial reforms can be a reality in India.

Domain Name Dispute Resolution Institutions In India

Domain name disputes are increasing day by days these days. This is primarily attributable to cyber squatting episodes. The growing cyber squatting incidences require strong domain name protection and effective domain name dispute resolution mechanism.

The present domain names are based upon IPv4 and very soon India would adopt the IPv6 framework. This would also add its own share of domain name dispute that have to be handled effectively.

All over the world individuals, organisations and nations are working in the direction of using online dispute resolution (ODR) mechanism for resolving various disputes, including domain name disputes. The World Intellectual Property Organisation (WIPO) has been using ODR mechanism to resolve disputes for long.

In India, we have selective institutions that are providing alternative dispute resolution (ADR) services. Even fewer are institutions providing ODR services and just a single platform providing techno- legal ODR services.

The limited growth of ADR and ODR in India is primarily attributable to lack of awareness among the individuals and companies engaged in disputes. Further, even the laws in this regard are not appropriate.

The Arbitration and Conciliation Act, 1996 is the sole ADR law of India and there is no dedicated law regarding ODR in India. Although arbitration services in India are for long yet they have to match the international standards. This is the reason why Law Minister Veerappa Moily is considering amendments in the ADR law of India.

With the ADR law in the process of amendments and India’s stand to shift to IPv6 the future of Indian domain name dispute resolution institutions seems to be bright.

What Failed E-Governance In India

E-governance in India has become a source of corruption rather than removing corruption and bringing transparency. Various e-governance projects in India have been achieved on papers alone without any transparency and accountability for the hard earned public money wastage.

E-governance in India has by and large a flop show. There are many factors that led to the poor performance of the e-governance in India. The major among them are lack of planning, omnipresent corruption in governmental offices, lack of accountability, misleading policies, etc. Further, e-governance in India has never been considered a part of good governance.

E-governance is beyond the scope of e-government. While e-government is defined as a mere delivery of government services and information to the public using electronic means, e-governance allows direct participation of constituents in government activities.

E-governance is not just about government web site and e-mail. It is not just about service delivery over the Internet. It is not just about digital access to government information or electronic payments. It will change how citizens relate to governments as much as it changes how citizens relate to each other. It will bring forth new concepts of citizenship, both in terms of needs and responsibilities.

E-governance will allow citizens to communicate with government, participate in the governments' policy-making and citizens to communicate each other. The e-governance will truly allow citizens to participate in the government decision-making process, reflect their true needs and welfare by utilizing e-government as a tool.

However, e-governance in India has been a complete failure. There is too much stress upon procurement as opposed to management. India has to accept that computerisation of traditional governmental and public functions are not e-governance. We have to empower the citizens with the power of information and communication technology (ICT).

ICT has become an indispensable part of our daily life. It has the potential to streamline procedures, inculcate discipline among workforce, and bring transparency and accountability and reduction of costs. The benefits are tremendous provided we have the will, insight and knowledge to use it.

E-governance in India is in its infancy stage. The National E-Governance Plan (NEGP) is the umbrella under which all e-governance initiatives are taking place. However, there are very few successful and completed e-governance initiatives like MCA21 in India. Whether it is e-courts, e-readiness, legal enablement of ICT systems, e-gazette, e-commerce etc none are even close to success. So where lies the problem?

Firstly, there seems to be lack of insight among the policy-makers. The ICT polices and strategies of India are not covering the e-governance aspects at the national level. No political party ever considers e-governance as an important part of their political agenda before elections. Even commodities like onion and potatoes find place in national debates but not e-governance.

Secondly, there is too much stress upon procurement as opposed to management. India has to accept that computerization of traditional governmental and public functions is not e-governance. We have to empower the citizens with the power of ICT. We have to make the governmental services user-friendly as well as productive and easy.

Thirdly, there is lack of transparency in governmental dealing and in the absence of the same e-governance is just paperwork. In India, we have the Right to Information Act, 2005 but the same has been a failure in India. The public information officers keep on denying the relevant information on flimsy grounds. In exceptional cases, citizens may get some information but by and large very few people get the information.

Fourthly, accountability among governmental officers is missing. There is no mechanism through which we can punish a wrong doer for his violations and negligence. This results in a casual attitude towards public good and e-governance. If we fix accountability and time-bound progress requirements then a lot of problems can be solved.

Fifthly, public participation in both policy making and governmental decisions is missing. If we get the opinion of those who are somehow surviving at the grassroots level we can solve the majority of our problems. However, the fact is that grassroots level problems are never solved.

E-governance will be successful only if we start to undertake due efforts to implement it in all blocks and districts and spread it to the grass root level. Being the largest democratic country, India must show an example to other in this context.

But in last many years we have not seen the efficiency of public servants, who are supposed to be the some of the best brain of India. For attaining developed status our public service system must work in a better way. Citizen must participate in various activities, if we really want to see India as a developed nation. Public service must be strengthened in India in true spirit, if we want to become to become a developed nation in near future.

Cross Border E-Commerce Transactions And Online Dispute Resolution

Arbitration law of India must accommodate some of the present day’s method of dispute resolution. Online dispute resolution (ODR) is one of the contemporary methods of dispute resolution. With the growing numbers of human interactions, there are growing incidences of disputes among them. ODR can be an effective, instantaneous and cost economic method of dispute resolution.

However, ODR has to face many technical and legal challenges as well. That is why modern day ODR must be techno-legal in nature. Besides, ODR must also be associated with other allied fields like e-courts to produce better results.

Cross border e-commerce transactions have further mandated that there must be an internationally accepted ODR framework that must be used while resolving various disputes.

In the Indian context, we have very few ODR providers that are providing qualitative ODR services. However, there is just a single techno legal ODR centre in India that is managed by Perry4Law Techno Legal Base (PTLB). In fact, PTLB is also exclusively providing online ODR training so that ODR may be widely used in India.

PTLB has launched the most comprehensive techno legal trainings for lawyers, judges, police officers, court managers, arbitrators, mediators, ODR professionals, etc. These trainings are managed by an online platform to maximise the reach of the trainings of PTLB. Application Form for enrollment to various techno legal training courses of PTLB can be downloaded from Here.

PTLB is also working in the direction of International harmonisation of ODR best practices and ODR regulatory and dispute resolution framework. With these initiatives, the future of ODR in India seems to be bright.