Monday, September 19, 2011

Will Indian Courts Accept Technology Ever?

Technology is most often used in civil cases especially matrimonial cases. Even in criminal cases, video conferencing is frequently used by courts for various purposes. This is the beginning of a larger effort known as e-courts.

We have no e-courts in India till September 2011. This means there is something grossly wrong with our management and expertise in this regard. For instance, we have a single techno legal e-courts research, training and consultancy centre in India.

It is managed by Perry4Law Techno Legal Base (PTLB), the premier techno legal segment of Perry4Law, the exclusive techno legal ICT and IP law firm of India and world wide. We need more such techno legal e-courts centers in India.

Further, there is also reluctance on the part of Indian courts to use technology for legal and judicial purposes. This is also the reason why e-courts could not be established in India till now.

Police, lawyers and judges are finding it difficult to deal with cyber crimes. More sophisticated fields like cyber forensics have yet to be introduced in Indian legal and judicial system. Here is an urgent need to develop cyber skills of police, lawyers and judges in India.

Take the example of a very recent case in this regard. A man who filed his divorce petition through a video conference from Canada has been directed to make a personal appearance in the court on December 15. Second additional family court judge G Manjula passed the order. Personal appearance is a concept that strikes at the very concept of e-courts and video conferencing.

This means courts and judges in India are still not comfortable with the use of technology. However, technological issues would be required to be taken care of by courts and judges in future.

Police, lawyers and judges must stress upon cyber skills development in India. E-learning for lawyers in India must be strengthened. Similarly, techno legal training and courses like cyber forensics trainings in India must also be undertaken by our police force, legal fraternity and judicial community.