First Techno Legal Tele Law And E-Lawyering Project Of India By PTLB

Access too Justice (A2J) is a major socio legal issue that is troubling governments around the world. India is no exception and India is finding it very diffcult to cope up with growing demands of A2J and affordable legal services.

As the policies and technology adoption in India is conducive for meeting the A2J objectives, we just need an online platform that can achieve that. But the problem would not be solved by merely launching such an online platform as technology has brought forward some very novel legal issues too. These are Techno Legal issues that cannot be resolve by using either law or technology. We need a combination of technology and law to manage the same. In short, we need Techno Legal solutions for our contemporary A2J problems in India and other parts of the world.

Keeping this mind PTLB has launched a dedicated online Techno Legal Telelaw Project for Indian and international stakeholders. The Telelaw project of PTLB is the only portal of its type and it is providing Techno Legal services in areas like cyber law, cyber security, cyber forensics, startups, selective e-commerce services, traditional legal issues, intellectual property rights, etc. The list is just illustrative and many more Techno Legal services are offered by the Telelaw project of PTLB.

A Blog is also maintained by the Telelaw project to discuss various Techno Legal issues and to spread awareness about this project. National and international stakeholders can analyse this blog for more details about our project and the procedure, requirements, etc to avail our telelaw services.

E-Courts In India: An Essential Judicial Reform Ignored By NeGP And Digital India

E-Courts is a crucial project under both National E-Governance Plan (NeGP) and Digital India. E-Courts project has also faced similar treatment and outcomes under both Congress and BJP Governments. Nevertheless, E-Courts project was better managed by Congress Government than BJP Government for two reasons. Firstly, all developments regarding E-Courts have taken place so far because of Congress Government and BJP has not contributed anything in this regard. Secondly, unlike BJP Government, Congress never imposed Controversial projects like Aadhaar that has become the exploitation tool of BJP Government. 

E-Courts project is still at the same stage where Congress left it in the year 2014. The second stage of E-Courts is supposed to take another 3 years coinciding with the term of BJP Government i.e. till 2019. Naturally Digital India has little to offer in this regard as we are still waiting for the establishment of "First E-Court of India" till October 2016. The same may not be established till 2019 as BJP Government has not shown any "Political Will" and "Implementation Capabilities" in this regard in the past two years. 

Implementation of Information and Communication Technology (ICT) in Indian Judiciary and in Indian Courts needs rejuvenation. The successful use of e-governance for Indian e-judiciary model requires a techno-legal e-court framework. We need ICT Training and e-courts training for Indian Judicial System as soon as possible. Further, electronic courts in India must also be supported by active use of online dispute resolution (ODR) in India to reduce backlog of cases. Legal enablement of ICT systems in India is need of the hour.

Establishment of E-Courts in India is an important aspect of judicial and legal reforms in India. However, despite this pressing need India has been doing nothing in this regard except giving press statements since 2003. Till October 2016, we are still waiting for the establishment of first e-court in India. E-Courts in India cannot be established till we have experts who can manage this ambitious e-governance pilot project. Similarly, we also need to train judges and lawyers regarding not only e-courts but also for laws like cyber law and telecommunication laws. India has to do much more than mere press statements and opening of e-courts on “papers only” if it really wishes to encash the benefits of Information and Communication Technology (ICT) for effective, speedier and constitutional justice delivery system. The ICT Trends of India of Perry4Law Organisation (P4LO) have proved that Indian e-governance initiatives like E-Courts, E-Bharat, etc have failed due to lack of proper training, management and insight.

The current litigation system of India is not only antique in nature but has become cumbersome and time consuming as well. The backlog of cases is increasing day by day affecting the outcome of various cases. There is an emergent need of judicial and legal reforms in India so that courts in India can meet the expectations of the 21st Century. This has to be done by maintaining a stance that preserves the courts reputation and supports the courts critical role in maintaining public confidence in the protection afforded to them by the law.

The public confidence in the Criminal Justice System of India is declining and the same has forced the Government of India (GOI) to bring this issue right back to the top of the political agenda. Its aim is to cut crimes by increasing the number of criminals brought to trial and reducing the time taken to complete the legal process.

However, if the courts have to keep in step and play their part in restoring public confidence in the legal system then they must find new ways to improve the efficiency and effectiveness of their operations. Information and Communication technology (ICT) can be a panacea for the dying judicial system of India. We can effectively use ICT for establishment of E-Courts in India so that E-Judiciary in India can be a reality.

However, the task is really difficult to achieve because of lack of expertise, techno-legal training and absence of time bound performance. Every year in the month of February, the tenure of E-Courts Committee is extended for another year. This shows there is a lack of Political Will to achieve the task as merely extending time for another year without performance report and accountability is just a pretext to avoid the ultimate accomplishment, i.e. establishment of E-Courts in India.

The fact remains that despite all glamorous conferences, catchy phrases and public announcements, we do not have even a single E-Court in India and there is not even a single case that has been filed, contested and finally adjudicated through an E-Court System in India till October 2016. Where those claimed E-Courts are and what cases they had adjudicated is still a big mystery.

It seems India is just making press statements years after years and courts after courts about establishment of E-Courts in India without actually establishing and operationalising them. The task of their establishment and operationalising cannot be accomplished till we honestly and dedicatedly try to achieve the same. Till now India is just adopting the half hearted efforts and evasive approach.

The establishment of E-Courts in India requires certain prerequisites. These are:

(1) E-Courts Policy: Setting Policy for various aspects of E-Courts is the first and foremost requirement. In the absence of a well defined and pre decided framework, no direction can be given to the E-Courts scheme of India.

(2) Connectivity: Creating an interconnected system across all court levels is an important aspect of E-courts. The District Courts in India must be connected with High Courts and Supreme Court for better, timely and effective disposal of cases.

(3) Simplicity And User Friendly: E-Court mechanism must be not only simple but also be user friendly. The litigants must find the e-Courts facilities in India very easy to adopt.

(4) Scope: In India we consider mere computerisation as establishment of E-Courts. In reality, E-Courts is much broader than mere computerisation and filing facilities.

(5) Authentication: Authentication plays an important role in fixing attribution and legal responsibility. There must be a “Technology Neutral Mechanism” to authenticate various stages of E-Courts usages.

(6) Integrity: E-Courts must ensure integration among court and justice systems.

(7) Security: Security of E-Courts Infrastructure and System is of paramount importance. A system must be put in place that provides secure access to case information for appropriate parties

(8) Data Keeping: All the information regarding use of E-Courts facilities must be duly recorded and stored. These include maintaining proper records of e-file minute entries, notification/service, summons, warrants, bail orders, etc for ready and subsequent references.

(9) Payment Gateway: A secure, efficient and fully operational payment gateway must be established so that various payments and fees regarding court cases can be made online.

(10) Absence Of Monopoly: The E-Courts Project must not be given to a single vendor. Instead the E-Court Committee of India must adopt a multiple vendor approach.

In the opinion of Perry4Law Organisation (P4LO), this list is just “Illustrative” and not exhaustive. Establishment of and maintaining the E-Courts Project in India requires a Techno-Legal approach including getting expertise of matters pertaining to Cyber Security, Cyber Forensics, Digital Evidencing, Prison Reforms, and many more aspects.

INDIAN E-COURTS PROJECT UPDATES OF 2016

India has limited E-Court Infrastructure and we are still waiting for the establishment of First E-Court of India till October 2016.

Digital India Project Needs Urgent Regulatory Framework And Procedural Safeguards

Much has been discussed about the Digital India project of Narendra Modi Government from time to time. Some have considered Digital India a landmark project while others have labeled it as mere gimmick. However, it is premature to predict the future and efficacy of Digital India project at this stage as like National E-Governance Plan (NeGP) of Congress Government, even Digital India project must be given at least 5 years to work.

Perry4Law Organisation (P4LO) has been providing its techno legal inputs, opinions and suggestions regarding Digital India project since the very inception. We support the Digital India project of Narendra Modi Government just like we supported the NeGP of Congress Government. However, we also have some apprehensions about Digital India just like its predecessor NeGP.

Surprisingly, both NeGP and Digital India are suffering from same shortcomings despite being launched by two different Governments separated by a gap of many years. The logical conclusion is that either the mentality and work style of both Congress and BJP Governments is same or NeGP has been renamed as Digital India with some active administrative push from the Prime Minister’s Office (PMO). However, if the shortcomings of Digital India are not removed urgently, it may have limited success just like its predecessor NeGP.

We would discuss these critical issues separately and in great detail in our individual articles. In this article we would discuss some of the apprehensions that we have raised from time to time since the launch of Digital India project. We request that the Narendra Modi Government to consider various suggestions given by Perry4Law Organisation (P4LO) from time to time.

To better coordinate the efforts of Perry4Law Organisation (P4LO) with Indian Government, we have launched the first ever Centre of Excellence for Digital India Laws and Regulations in India (CEDILRI). The CEDILRI would provide techno legal opinions and suggestions to various stakeholders associated with the Digital India project of Indian Government. Digital India stakeholders may also find our Digital India Laws Daily useful in this regard.

The first suggestion that P4LO and CEDILRI would provide to Indian Government is that the Digital India project needs an urgent regulatory framework and adequate procedural safeguards so that digital information and data are safe and secure. We do not have dedicated laws for Privacy and Data Protection (PDF) in India and Digital India may face troubles in future. Presently India is not in a position to ensure Civil Liberties Protection in Cyberspace for Indian masses. Narendra Modi Government’s push to club Digital India with Aadhaar has also given rise to complicated and Constitutional Censorship and Surveillance issues in India.

The second suggestion of P4LO and CEDILRI pertains to Cyber Security Infrastructure of India that needs urgent rejuvenation. Cyber Security in India is still evolving and this is a problematic issue. When Laws are always much behind the technology, absence of Cyber Security can be catastrophic. As on date the Digital Indian Cyber Security is not at all convincing. If we are plugging everything into a digital environment and are not focusing upon its Cyber Security, this is a bad Policy decision. Before launching projects we must ensure robust and resilient Cyber Security for them. We also need dedicated Cyber Security Laws in India for projects like Digital India and for protection of Indian Cyberspace.

The third suggestion of P4LO and CEDILRI pertains to formulation of Techno Legal Policies regarding Cyber Security and National Security. We have been stressing since 2008 that issues like Cyber Terrorism, National Security and Cyber Security must be taken seriously by Indian Government. We even made some representations to both Congress and BJP Governments in this regard from time to time. We have also suggested to Indian Government that Cyber Security must be part of National Security Policy of India. In short, the National Security Policy of India needs a techno legal boost while duly incorporating the Cyber Security related aspects.

The fourth suggestion of P4LO and CEDILRI pertains to formulation of National Cyber Security Policy of India 2016 by Narendra Modi Government. This is because the existing National Cyber Security Policy of India 2013 (NCSP 2013) is not only inadequate but is also suffering from many shortcomings.

Actual implementation of existing Policies and Laws is the biggest hurdle before the Indian Government. For instance, it is of no use to formulate even the best Laws and Policies if they are or cannot be implemented in a timely manner. Through this blog and other web resources of Perry4Law Organisation (P4LO) we would contribute our Techno Legal Expertise for formulation and implementation of Digital India Laws and Regulations in India. We hope national and international stakeholders would find our initiatives useful.

Source: Centre Of Excellence For Digital India Laws And Regulations In India (CEDILRI).

E Courts 4 Justice (EC4J) Project By Perry4Law Organisation (P4LO)

Electronic courts or e-courts have a significant role to play in effective and transparent judicial system. E-courts in India are still evolving and till April 2016 we are still looking forward to establish India’s first e-court.

Recently the e-court project of India faced a major setback when the e-committee refused to use audio and video recordings in lower courts. Similarly, the national litigation policy of India also needs a redraft and rejuvenation keeping in mind the changed circumstances and policies. For instance, the national litigation policy and the proposed amendments in the Indian arbitration law must also include concepts like e-courts and online dispute resolution (ODR).

Perry4Law Organisation (P4LO) has initiated few techno legal projects in the fields of e-courts and ODR. For instance, the first ever techno legal Online Legal Case Management System (OLCMS) of India has been started as a prototype for our main project titled E Courts 4 Justice (EC4J). Updates in this regard would be available from time to time at our Twitter account named EC4J.

Similarly, in the field of ODR we have started few initiatives. These include launch of a Techno Legal Centre of Excellence for Online Dispute Resolution (ODR) in India (TLCEODRI), a discussion forum titled Online Dispute Resolution Mechanism (ODRM), an ODR Trainings And Skills Development In India By TLCEODRI, Online Disputes Resolution & Cyber Arbitration platform, etc.

The E Courts 4 Justice (EC4J) project by Perry4Law Organisation (P4LO) would provide techno legal services to national and international stakeholders. These techno legal services would include consultancy, training, skills development, litigation support, e-filing, e-discovery and many more such services.

We hope various stakeholders would find these projects of P4LO useful and we look forward to work with various government, non government, national and international stakeholders in this regard.

Establishment Of E-Courts In India And Their Implementation In 2016

Technology has many good uses and judicial systems across the world can also benefit from the same. If the court proceedings are made digital and online, much of the troubles of litigants, lawyers and judges can be minimised. Establishment of e-courts is a significant achievement in this regard but it requires good amount of techno legal expertise that only few individuals possess.

Indian judicial and legal systems are very slow to adopt information and communication technology (ICT). Although some steps have been taken to computerise the Indian courts yet by and large they are insufficient and not relevant. This is evident from the fact that till April 2016 we are still waiting for the establishment of first e-court of India.

Electronic delivery of justice in India is urgently needed. E-courts and ODR in India are essential part of electronic delivery of justice in India. Despite the pressing need for establishment of e-courts in India we are still waiting for the establishment of first e-court of India.

The e-courts project of India has failed to materialise in India and establishment of e-courts in India is still a distant dream. We need to expedite the constitution and opening of e-courts in India as soon as possible.

There are many reasons for failure of e-courts in India but the chief among them is lack of expertise and judicial will to implement the e-court project. There is no dearth of funds for this project but its implementation is very poor. The e-court committee has so far failed to implement the e-court project effectively.

We at Perry4Law and PTLB have now taken very significant steps in this crucial direction. We have launched dedicated portals pertaining to electronic courts, e-judiciary, ODR India, online arbitration, etc. Further, Perry4Law and PTLB are also managing the exclusive techno legal e-courts training and consultancy centre of India.

To strengthen the initiatives and projects of Perry4Law and PTLB and to take these projects and initiatives to the next level of development, Perry4Law and PTLB are in the process of launching four crucial projects. These are:

(1) Electronic Courts: This initiative would provide e-courts services to national and international organisations, governments, companies, individuals, etc. At this platform you would be able to resolve your disputes through use of techno legal methods and procedures.

(2) E-Courts For Justice (EC4J): The E-Courts For Justice (EC4J) initiative would provide research, policy formulations, training, consultancy, project execution support, etc to various national and international stakeholders. It would cover areas like e-courts, e-judiciary, legal enablement of ICT in courts and judiciary, etc.

(3) ODR India: This is an India specific platform that would resolve various inter party disputes in an online environment. Techno legal methods and procedures would be used to resolve various disputes through Arbitration, Conciliation, Mediation and other similar methods.

(4) Resolve Without Litigation (RWL): The Resolve Without Litigation (RWL) initiative would provide ADR and ODR services to world at large. Individuals, organisations, companies, etc may resolve their disputes through this platform by using our techno legal dispute resolution services without approaching courts for lengthy dispute resolutions.

Indian judiciary in general and e-court committee in particular has to play a more pro active role for the establishment of e-courts in India. In the absence of institutional expertise, e-court committee must also include other members that have actual expertise to manage the project.

Reconstruction Of Records, E-Courts And Right To Fair Trial In India

There are circumstances where the records of police and judicial authorities may go missing or are destroyed beyond redemption. In such a case, proceeding with the concerned court case is next to impossible.

If the records of the proceedings are destroyed due to natural calamities and their reconstruction is not possible, then the court has no other option but to acquit the accused.

The traditional record keeping has this serious drawback that is absent when we adopt information and communication technology (ICT). For instance, if electronic records are maintained, the reconstruction of lost or destroyed records is just a click away.

Establishment of e-courts in India is of prime importance in the present ICT driven era. However, till the month of March 2013 we are still waiting for the establishment of first e-court of India. Digital preservation in India is also not in good shape.

If a guilty person is acquitted due to inability to reconstruct the records or an innocent is convicted due to defective reconstruction of records, this would amount to miscarriage of justice and violation of right to fair trial. Therefore, proper reconstruction of records is of utmost importance.

In a latest case in this regard, a Division Bench of Delhi High Court, comprising of Chief Justice D Murugesan and Justice VK Jain, has directed a District and Sessions Judge to “reconstruct” within two weeks the records pertaining to a 20-year-old rape case, in which judicial and police files went missing. The bench also directed for appropriate action against the officers responsible for missing of the files.

The bench further ordered for setting up a committee to examine the practices and systems prevailing in the matters of custody and maintenance of court records. At Perry4Law and Perry4Law’s Techno Legal Base (PTLB) we welcome this move of the Delhi High Court as it is progressive in nature and justice oriented.  

We also feel that an electronic record is not only durable but can be easily stored as well. It must be noted that in majority of cases the witnesses do not come forward to give evidence and many important pieces of evidences are lost forever. This results in acquittal of the accused and a miscarriage of justice.

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

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.

Indian Cyber Law Firms And Lawyers

Cyber law firms in New Delhi India are not easy to find. This is because there are only handfuls of cyber law firms in India. Cyber law is essentially a techno legal field that requires a thorough knowledge of both technical and legal aspects.

Cyber law is a complicated subject that requires tremendous expertise to manage. There are very few cyber law firms in New Delhi India and Perry4Law is proud to be one of them. Further, Perry4Law is the exclusive techno legal ICT law firm of India and is the exclusive techno legal cyber law firm of India.

The cyber law expertise of Perry4Law is supported by Perry4Law’s Techno Legal Base (PTLB) that is the leading techno legal platform of the world. PTLB is also managing the exclusive techno legal cyber crime investigation centre of India (CCICI) that is assisting in investigation and solving of cyber crimes in India.

PTLB is also resolving India’s glaring cyber security challenges and strengthening the cyber security environment of India through it exclusive techno legal cyber security research and development centre of India (CSRDCI). Further, the national cyber security database of India (NCSDI) is also a cyber security initiative of PTLB.

We provide services pertaining to cyber law due diligence in India, cyber due diligence for Indian companies, internet intermediary laws in India and cyber due diligence,  cyber due diligence for PayPal and online payment transferors in India, etc.  

As a techno legal ICT law firm we are trying to give cyber law of India a new shape. Further, one area that has recently interested the legal community pertains to cyber security. Although cyber security as a legal field has started gaining attention of foreign lawyers and law firms yet cyber security law firms in India or cyber security lawyers in India are still missing.

If you are interested in our cyber law, cyber security, cyber forensics, e-discovery, e-commerce, intellectual property rights (IPRs), corporate laws, LPO and KPO, e-courts, online dispute resolution (ODR), cyber skills development, cyber law trainings and other techno legal services, you may contact us in this regard.

Techno Legal Initiatives Of Perry4Law And PTLB

Techno legal issues pose special challenges before all nations. This is so because these issues are complex combination of both technical and legal issues. At Perry4Law and Perry4Law Techno Legal Base (PTLB) we have been spearheading many world renowned techno legal initiatives.

For instance, Perry4Law and PTLB are managing the exclusive techno legal centre of excellence for cyber forensics in India, centre of excellence on cyber security in India, virtual legal education campus in India and techno legal e-learning centre of PTLB, lifelong techno legal education in India, legal enablement of ICT systems in India, etc.

Similarly, on the education, trainings and skills development front as well Perry4Law and PTLB have been managing many initiatives. For instance, the exclusive techno legal e-learning in India is managed by PTLB whereas highly specialised and domain specific trainings and education is managed by Perry4Law techno Legal ICT Training Centre (PTLITC).  

Perry4Law and PTLB are also managing the exclusive techno legal e-courts consultancy and training centre of India, online dispute resolution services in India, e-discovery services in India, e-commerce services in India, cyber forensics services in India, cyber security services in India, LPO and KPO services in India, etc.

We are also discussing important issues pertaining to international ICT policies and strategies. Similarly, techno legal issues are specifically discussed at PTLB blog. We hope these initiatives would prove useful to all stakeholders.

Source: ICTPS Blog

LEGAL ENABLEMENT OF ICT SYSTEMS IN INDIA

Information and Communication Technology (ICT) is an essential requirement these days. No Nation of the World can afford to ignore its benefits and utility. With the benefits of ICT also come its drawbacks and disabling features. This takes the shape of misuse of ICT in various forms and for many purposes. The increasing cases of cyber crimes and contraventions are a prime example of the same. It is of utmost importance that while encouraging the active uses of ICT we must also prevent its misuses as well. To do the same we need to formulate suitable laws that are capable of meeting the contemporary societal requirements. This is where the legal enablement of ICT systems in India assumes significance.

Perry4Law and Perry4Law Techno-Legal Base (PTLB) have been instrumental in shaping the legal framework for information society of India. They have contributed a lot for the legal enablement of ICT systems in India through their suggestions, recommendations, opinions, views, etc. To make the legal enablement more effective, Perry4Law and PTLB have initiated Cyber Law Training in India.

One of the most effective aspects of legal enablement of ICT systems is the use of ICT for judicial and legal purposes. We have to establish E-Courts In India as soon as possible. Perry4Law and PTLB have also launched an E-Courts Training and Consultancy Centre in India to cater the growing demands for e-courts establishment, maintenance and improvements.

ADR and ODR services in India are also essential aspect of legal enablement of ICT systems in India. To strengthen alternative dispute resolution in India we have to actively use ICT for the same.

The ICT Trends of India 2009 have shown some of the basic weaknesses of Indian efforts in the direction of legal enablement of ICT systems in India. Briefly speaking, India must pay more attentions towards issues like E-Governance in India, E-Commerce in India, Cyber Forensics in India, Cyber Security in India, etc.

Perry4Law and PTLB are providing domain specific and highly specialised Techno-Legal Services in India. Some of our Techno-Legal Services are:

(1) Techno-Legal Services Of Perry4Law,

(2) Techno-Legal Computer Forensics Services In India,

(3) Techno-Legal Cyber Law, Cyber Forensics And Technology Laws Training Of Judges, Lawyers, Corporate Executives, CEO in India,

(4) Crime and Criminal Tracking Network & Systems (CCTNS) Project (CCTNS Project)

(5) Techno-Legal Consultants, Experts And Specialists for National Mission For Delivery Of Justice And Legal Reforms In India,

(6) Techno-Legal E-Learning, Higher Education And Lifelong Learning Consortiums And Partnerships,

(7) Cyber law Consultancy In India, Cyber Law Litigation Support In India And Cyber Law Training In India,

(8) Computer forensics Services In India By Perry4Law,

(9) Techno-Legal Cyber Law Compliance Services In India,

(10) Techno-Legal ADR And ODR Services In India, etc.