Monday, March 24, 2003		Book Review

Judicious compilation of cyber laws and limitations
Review by Pardeep Dhull
IT and the Indian Legal System.  Edited by Kamlesh N. Agarwala and Murli D. Tiwari. Macmillan India Ltd. Pages 184. Rs 295.

LOVE IT, like IT or hate IT. But you just cannot ignore IT since information communication technology has the potential to offer faster and better service than the age-old communication systems. New technology is being used in various fields and it is in this context that the book under review discusses the possible role IT can play in the Indian legal system. Though the computerisation of the legal system began in early nineties, it still has a long way to go.

The book, which is the first book in the IIIT (Indian Institute of Information Technology, Allahabad), series on e-governance is a collection of articles based on the presentations made by 13 experts at a seminar.

The first chapter discusses how information technology can transform the Indian judicial system into a proactive legal redressal system. Due to the massive backlog of pending cases in courts, it is difficult to get speedy trial in India. At times litigants, who originally filed the cases, die during the long and exhausting process carried out by the judiciary. There is an utmost need to find a long-term solution, and IT can be an option, say the editors, Kamlesh N. Aggarwala and Murli D. Tewari, while suggesting various means to clear the backlog. They opine that the judiciary is not fully realising the potential of the Internet. By using this medium, that is the driving force in dissemination of information, legal professionals can attend the online courses to upgrade their skills.

Considering the reciprocal involvement of law in technology, Chief Justice Shyamal K. Sen in a chapter, IT and Legal Profession, stresses the need for change in the present law education. He opines that setting up of a law school, which can offer speciality in cyber law and other modern branches of law relating to science and technology, can help solve this problem. If some judicial management information system is introduced in India, case management, file management and docket management can also be improved by the use of computers. The writer has identified other areas too where IT can play a major role.

N. R. Madhava Menon explains that e-governance in the judicial administration can provide greater efficiency and accountability to the people, ending the monopoly of reluctant officers who possess the information but do not want to disseminate it. He has discussed the pros and cons of e-governance in detail. A case study of Gujarat, which has been instrumental in accelerating the computerisation process in the Supreme Court and other high courts, has been taken up in a chapter. The writer has also provided a list of relevant Websites related to the legal profession and also tells that cause lists of the Supreme Court and all high courts are available at the indiancourts.nic.in site.

Cyber crimes are posing a great challenge to the legal fraternity all over the globe. The major problem is the Net-perpetrated crime. Since the introduction of e-business, many companies and individual have been relieved of millions of rupees in the absence of adequate laws. The Information Technology Act 2000, which was expected to boost e-commerce in India, has also failed to serve its purpose due to lack of powerful laws. The book categorically states that the India IT Act is silent on some issues like data protection, IPR, copyright vis-`E0-vis databases.

This book gives a balanced view about the Indian cyber law highlighting both its plus and minus points. Judges, lawyers and cyber law professions, besides law students, may find it useful.