Sri. P.Chandra Shekar
It is a previlege given to me to inaugurate this topical
seminar on E-Commerce and Legal Issues The Indian Scenario.
The topic of E-Commerce is day by day occupying more space
in the media and also its attendant aberations,now being
called as cyber crimes. The potentiality of the E-Commerce
has to be exploited to the maximum extent possible for our
business development and other opportunities over the global
market. The emergence and convergence of Computer Internet,
Telecom and Entertainment Technologies have converted the
entire world into a global village by removing barriers of
distance,time, language into background wherein the possibility
of shopping on on-line transactions in no more a dream but
a reality. Whoever uses these technologies with an appropriate
legal infrastructure and frame work by creating confidence
and trust over the efficacy of the transactions will have
a superior advantage and edge over others, who are following
the traditional methods of commercial transactions. The
developed countries have been doing a lot of research in
these areas to find out the effective legal frame work
that will facilitate the use of computer internet and other
technologies to develop their business and other opportunities
over the world market.
The UNO through its international legal body UNCITRAL is
also searching for an appropriate legal frame work by way
of standarisation at a minimal level leaving the member
countries with a discrtion to adopt appropriate legal frame
works without heopardising minimalistic standard norms laid
down by it for the world community. The model law recommended
by the UNCITRAL is one such and India is also adopting
the model law with its own modifications and the same is
reflected in the IT Bill, 1999.
We see in all these literature new type of words such as
EDI(Electronic Data Interchange). Electronic Writing,
Digital Signatures, Computer Media, Cyber Space,Cyber Crime,
Cyber trespass,Internet Networking Services and Internet
Networking service providers and Service Users etc. Some of
these words were not there in the English Dictionary and
also are in the statute books governing the sale of goods
or services including the immovable properties and penal codes.
The Evidence Act has also dis not comprehend these aspects in
its literal sense. AS a result thereof the doubt about
efficacy of hte agreements entered over the on-line transactions
from the point of view of enforceability is undermining the
trust and confidence of the business community and the
consumers. The issues that have arisen as a result of these
new technologies are certainly an important topic of interest
for ourselves. I'm sure that the A.P.Legal Services Pvt. Ltd has
rightly chosen the topic of interest to generate the awareness
and also to remove the doubts that are in the minds of the
people in respect of any on-line transactions and I'm sure
that it will facilitate the development of the commerce by
reducing many of the un-necessary expenses involved in the
traditional paper transactions.
The esteemed delegates of the seminar must be well aware
that the international community through the World Trade -
Organisation has taken decisions over the trade related
issues including services,intellectual property rights and
they have effect on our trade and services including the
legal services and the professionals dealing with the legal
services and our country is also a member signatory to such
an agreement. The organisers of the seminar M/S A.P.Legal
Services Private Limited have rightly conceptualised the
innovative legal services delivering mechanism in tune with
the on-going process of change at the global level and to
meet such challenges. After seeing the brochure, I feel that
they have several ideas to take shape inrealising their
vision and I hope that they will achieve success. I also
hope that all the delegates and advocates will also do their
own exercise to create an environment in legal field to
cope with the new emerging challenges to their profession.
You're also aware that our State is a Pioneer in introducing
the Information Technology in simplifying th Governmental
Procedures to usher E-Governance and for prompt cost effective
delivery of the services by promoting the Information
Technology. The Registration of documents and also the SWAN
are the examples but still the legal issues that are likely
to arise in respect of the on-line transactions over the internet
are still lingering in the minds of the people. Some of the
issues such as what is meant by on-line transactions ? when
and where the contract is formed and completed ? whether
the signature in the traditional sense is applicable to
the contract over the on-line transactions and in case of
any difference or dispute arising between the parties to
the contract over the net, how to prove the case and the
place in which the parties will have to raise the dispite
etc. Further when those issues are adequately taken care of
in I.T. Bill from our India specific scenario and if not,
what suggestions could make to pluck the loopholes are
definitely some of the matters which the seminar wil
discuss and deliberate and the Government will be looking
forward to any of the useful conclusions and recommendations,
if the seminar may throw to light.
I take this opportunity to thank you the organisers of the
seminar in their endeavour to bring about an awareness
over the legal issues involved in the E-Commerce and to
remove those doubts to the extent possible so as to enhance
their confidence and promote the business transactions
over the computer internet integrating themselves with the
world economy and seize the opportunities open to them
over the global arena.
Thanking You.
Hon'ble Minister of Law,
Govt. of Andhra Pradesh