Training of Judicial Officers Of India

Judges training in India is a very important aspect of a sound judicial system. If judges are not properly trained and skilled, it may adversely affect the justice delivery system of a nation. In fact, a trained and sensitive judiciary can greatly expand the reach of access to justice to needy population.

Judges in India need to upgrade their skill from time to time. Special skill development initiatives must be undertaken in India for Indian judiciary. This is more so regarding e-courts skill development that is almost missing in India.

E-courts in India can make Indian judicial system more transparent and user friendly. Although e-courts project of India has been launched as a mission mode project under the national e-governance plan (NEGP) of India, it has failed to materialise so far. Despite spending crores of money, we are still waiting for the establishment of first e-court of India. Due to absence of e-courts skill the e-court project has still not been materialised.

Legal and Judicial Fraternity of India must be well aware of Scientific Concepts like Cyber Law, Cyber Forensics, Digital Evidencing, E-Discovery, E-Courts, Online Dispute Resolution, etc, says Praveen Dalal, managing partner of New Delhi based law firm Perry4Law and CEO of Perry4Law Techno Legal Base (PTLB). This requires good and qualitative Training and Skill Development Courses, suggests Dalal.

PTLB is providing various techno legal trainings and skill development courses to lawyers, judges, police officers, corporate executives, etc. PTLB is also providing techno legal training and education to judges in India and worldwide. PTLB is also providing techno legal trainings in India to lawyers. Even online training of judges in India is also provided by PTLB. Law ministry of India must take active help of institutions like PTLB for its various projects.

E-Courts In India

An electronic court (e-courts) is the process where the traditional courts are made more effective and speedier through the use of information and communication technology (ICT). From filing of the case to its final adjudication, all is done in an online environment.

E-courts are different from computerised courts that merely computerise few traditional litigation systems, says Praveen Dalal, managing partner of New Delhi based law firm Perry4Law and leading techno legal expert of India. For instance, if cases are filed on compact disks (CDs) instead of in paper based file format, it does not make it a part of e-courts process. It is merely a computerisation process as one has to still approach the court premises in order to deliver the CDs or other electronic media, explains Dalal.

Till the month of April 2011, we are still waiting for the establishment of first e-court of India. Although some computerisation initiatives have been undertaken in India yet none of them either independently or collectively are sufficient to establish even a single e-court in India. The truth is that e-courts in India are still an unfulfilled dream.

E-courts project of India has not been able to be successfully transformed into a judicial reform initiative. At the institutional level, e-court project is bound to fails as there is no techno legal expertise present there. This is the reason why despite the national e-governance plan (NEGP) of India being launched, it has largely remained a failure to bring legal enablement of ICT systems in India.

For instance, India has a single techno legal e-courts research, training and consultancy centre that is managed by Perry4Law Techno Legal Base (PTLB). India needs more such techno legal e-courts centers so that e-court project of India may be successful.

Till now the e-court centre of PTLB is not extending its expertise to the e-courts project of India.Hopefully, Supreme Court of India and Ministry of Law and Justice would consider taking techno legal services of PTLB and similar institutions so that e-courts may see the light of the day.

Domain Name Dispute Resolution Services In India

World Intellectual Property Organisation (WIPO) has recently revealed that cases of cyber squatting have increased tremendously these days. Cyber squatting is an unfair practice done with bad faith that registers well known brands as domain name. The owners of these brands are then asked to purchase the domain name at a hefty price.

Although this nuisance is well known, India has no legal framework to deal with the same. Cases of cyber squatting are also on rise in India with little option but to approach traditional courts.

We have no Domain Name Protection Law in India and Cyber Squatting cases are decided under the Indian Trademark Act, 1999 informs Praveen Dalal, managing partner of New Delhi based IP and ICT law firm Perry4Law. Even Institutional Arbitration Framework has not been adequately developed by India to resolve such disputes, informs Dalal. In fact, Dispute Resolution in Cross Border Technology Transactions would be one of the areas that would emerge in the near future, predicts Dalal.

So from the point of view of both legal framework as well as institutional mechanisms, domain name dispute resolution services in India are not upto the mark. Even online dispute resolution (ODR) services in India are not upto the mark.

We have a single techno legal ADR and ODR Centre in India. Further, we have also a single techno legal ADR and ODR service provider in India. These initiatives are part of the techno legal projects and initiatives of Perry4Law Techno Legal Base (PTLB). Collectively, the exclusive E-courts training and consultancy centre of India manages the issues of ADR, ODR, e-courts, domain name dispute resolution in India, etc.

However, domain name dispute resolution through ADR or ODR is not very popular in India in the absence of international harmonisation. International Harmonisation of ODR is required that is presently governed by different sets of Rules and Procedures, suggests Dalal. Institutions like WIPO, United Nations Commission on International Trade Law (UNCITRAL), etc must think and work in this direction, suggests Dalal.

One area that requires immediate attention of international community is harmonisation of dispute resolution protocols and procedures. We must also either amend the Indian Trademark Act, 1999 or enact a separate Cybersquatting Law of India, suggests Dalal.

The scope of domain name dispute resolution services in India is great provided organisations like WIPO, UNCITRAL and PTLB works together in this regard. Presently, the efforts and initiatives of national and international organisations are fragmented and unorganised. Let us hope in future the situation would improve for the benefit of all concerned.

Legal Management System In India

In the present modern world professional areas have intermixed. A lawyer is no more an ordinary lawyer but he must be a technology lover too. Similarly, a computer professional is no more a computer freak alone but he must be aware of the legal provisions like cyber law and cyber forensics as well. Similarly, a management professional must also possess technology and law related knowledge as well.

The concept of legal management system in India originates out of this multi discipline approach of today’s professional requirements. Scope of improvement exists in both legal and judicial system of India.

In the legal fields, legal management may be useful for lawyers, public prosecutors and law graduates to not only acquire technology related skills but also to perform their traditional works more efficiently and effectively. Perry4Law Techno Legal Base (PTLB) is providing techno legal trainings and legal management services to legal fraternity of India. It is providing trainings and education in the fields like cyber law, cyber security, cyber forensics, e-discovery, e-courts, etc.

Similarly, Perry4Law and PTLB are also catering the techno legal requirements of Indian judiciary. They provide techno legal trainings to judges and court staff so that they can effectively use ICT for day to day judicial functions. In fact, Perry4Law and PTLB manage and operate the exclusive techno legal e-courts training and consultancy centre of India.

Union Finance Minister Pranab Mukherjee has sanctioned around Rs 1000 Crore to judiciary for establishment of e-courts. Indian legal and judicial system can be greatly benefited by the legal management system model of institutions like PTLB. Let us hope Law Minister of India would think seriously about using the models suggested by PTLB.

Computer Forensics Training In India

Computer forensics is in demand these days as more and more computers and networks are inter connected. This interconnectivity also provides an opportunity for cyber criminals to steal sensitive data and commit various cyber crimes.

A trained computer forensics professional can catch these cyber criminals through computer forensics investigation procedure. However, not everybody can learn computer forensics. Further, there are very few good and qualitative techno legal computer forensics training institutions in India.

Computer forensics is a highly specialised field that essentially requires techno legal expertise. Computer forensics is a growing field world over and India is also trying to use computer forensics for its legal and judicial purposes.

Indian legal and judicial fraternity must develop scientific temperament and technical knowledge in fields like cyber law, cyber forensics, e-discovery, digital evidencing, e-courts, etc.

However, computer forensics in India is still at nascent stage and it may take many more years before computer forensics can actually be used in India. Praveen Dalal, noted techno legal and cyber forensics specialist of India, has already written an exclusive book on techno legal aspects of cyber forensics in India. This book may go a long way in bringing actual implementation of cyber forensics in India.

At the same time we need good techno legal training and courses on computer forensics in India. India has a single techno legal cyber forensics research, training and educational institution. It is managed by Perry4Law Techno Legal Base (PTLB). The centre is providing techno legal cyber forensics education, trainings and course in India.

Registration for online education and trainings in the field of cyber forensics and other techno legal courses of PTLB can be done through its online platform. Application form for the enrollment to various courses, internships and trainings can be downloaded from here and more details about the courses of PTLB can be found here.

Computer forensics trainings are required to be undertaken by police officers, public prosecutors, lawyers, judges, etc in India. Initially, the basic level computer forensics training is enough that can subsequently be enhanced to more specialised training.

PTLB also exclusively offers online cyber law and computer forensics training to judges in India and abroad as well. This way the judiciary, especially subordinate judiciary, of India can be greatly benefited. Let us hope, that judges and lawyers in India would avail these exclusive and specialised courses and trainings of PTLB as soon as possible.

Further, judges, lawyers and police officers can also get a copy of the first and exclusive techno legal cyber crime investigation manual of India. The manual is in the final phase of preparation and it may be available to governmental departments and general public after few months.