ICT STRATEGY OF INDIA:
A TECHNO-LEGAL
PERSPECTIVE
BY
PRAVEEN DALAL
MANAGING PARTNER
PERRY4LAW
LAW FIRM
NEW DELHI, INDIA.
INTRODUCTION-I
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Globalisation requires an interaction
between Indian economy and world’s
economy.
Globalisation is closely related to ICT.
The ICT strategy of a nation is very crucial
to put it on a global map.
It must be indigenously developed,
Indianised and localised before putting it
in use.
INTRODUCTION-II
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The ICT strategy in India must be technolegal in nature rather than purely legal or
purely technological.
Suitable provisions are required in ICT
Strategy, E-governance and Laws of India.
Legal BPO in India also requires a sound
technology base.
THE MISSING LINKS-I
There are certain missing links that must be
incorporated in Indian ICT Strategy.
 These are:
• Cyber forensics in India,
• Cyber security in India,
• Computer security in India
• wireless security in India , etc.
* These must be considered on a priority basis.
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THE MISSING LINKS-II
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There are legal risks of electronic
commerce that cannot be ignored.
Internet banking in India must be
developed for a sound e-commerce base.
The preventive measures for ATM Frauds
must be adopted.
Intellectual property rights in the digital
era must be kept in mind.
THE MISSING LINKS-III
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Dire need of judicial reforms in India
keeping in mind the requirements of ICT.
Establishment of electronic courts in India
would be a good step in this direction.
ICT must be used for resolving ecommerce and other disputes.
Use of Online Dispute Resolution
Mechanism required.
POSSIBLE SOLUTION
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A techno-legal compliance can provide a viable
solution for these missing links.
We need initiatives on the lines of PTLB TM/SM.
E-governance without security is useless.
We need to capatilise “collective expertise”
An “ideal public-private partnership” base is
required in India.
Broadcasting Bill-06 has certain deficiencies that
must be removed.
TECHNO-LEGAL MANDATES-I
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ICT is a double edge sword, which can be
used for destructive as well as
constructive work.
The following threats must be guarded
against on a priority basis:
Cyber crimes in India,
Cyber terrorism,
Secret information violations and data
theft,
TECHNO-LEGAL MANDATES-II
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Hacking,
Demolition of e-governance base,
Distributed denial of services attack,
Network damage and disruptions,
Cyber extortions,
Spamming,
E-mail manipulations,
Phishing, etc.
TECHNO-LEGAL MANDATES-III
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The following issues require immediate
attention:
The compliance requirements regarding
cyber law,
Use of digital evidencing,
Reformulation of the proposed
amendments to the IT Act, 2000,
Training of Judges, Lawyers, etc.
LEGISLATIVE EFFORTS-I
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To meet the challenges posed by ICT the
Indian Parliament has enacted the
Information Technology Act, 2000.
The aim of the Act is to provide a sound
base for e-governance and e-commerce.
It also covers provisions pertaining to
cyber contraventions and offences.
The Act needs a rejuvenation to meet
contemporary ICT requirements.
LEGISLATIVE EFFORTS-II
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The provisions pertaining e-governance
are:
Legal Recognition of E-Records - Section 4
Legal Recognition of Digital SignaturesSection 5
Use in Government and its AgenciesSection 6
Retention of E-Records- Section 7
Electronic-Gazette- Section 8, etc.
LEGISLATIVE EFFORTS-III
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Provisions relating to cyber crimes and
offences are also there.
These include:
Cyber Contravention- section 43,
Cyber crimes and offences and their
penalties- Sections 65-78,
Network Service Provider’s liabilitySection 79,
Offences by Companies- Section 85.
POSSIBLE USES OF ICT-I
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To have access to public documents.
For making online payments of various bills and
dues.
To file statutory documents online.
To file the complaints, grievances and
suggestions of citizens online.
The online facility can be used to enter into a
partnership the appropriate government in cases
of government contracts.
POSSIBLE USES OF ICT-II
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The citizens can use the online facility to
file their income tax returns.
The citizens will enjoy the facility of online
services.
The various departments of the
government can be computerised and
centralised
JUDICIAL RECEPTION OF ICT-I
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The judicial response vis-à-vis information
technology is positive and technology
friendly.
In M/S SIL Import, USA v. M/S Exim Aides
Silk Exporters the words "notice in
writing", in Section 138 of the Negotiable
Instruments Act, were construed to
include a notice by fax.
JUDICIAL RECEPTION OF ICT-II
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In Basavaraj R. Patil v State of Karnataka it
was held that it was not necessary that in all
cases the accused must answer by personally
remaining present in the court. The use of ICT
was encouraged.
In State of Maharashtra v.
Dr.Praful.B.Desai the Supreme Court held that
evidence, even in criminal matters, can also be
by way of electronic records. This would include
video conferencing.
CONCLUSION
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Use of ICT in India is going to increase.
Every segment of economy will be
benefited.
The need of the hour is to adopt a technolegal ICT base in India.
We need more initiative on the lines of
Euro-India ICT Cooperation and Belief.
THANK YOU
PRAVEEN DALAL
MANAGING PARTNER
PERRY4LAW
FIRST TECHNO-LEGAL
AND
ICT FIRM
NEW DELHI, INDIA.