Introduction
In the modern period, legislation is crucial in regulating science and technology. It also controls the societal repercussions of scientific research in the context of current technology. In other words, it might be claimed that law and technology will be incongruous with one another. It has been described as “the discipline concerned with how our legal system must recognize the problems presented by the influence of technology on society.
The interaction of law, science, and technology in the twenty-first century has been the subject of much investigation by judges, lawyers, and law schools. The preservation of individual rights and the encouragement of social innovation may both be accomplished via the use of technology, according to a speech by Justice Chandrachud. People frequently think that the connection between law and technology follows one certain course, with the law actively working to stifle technology. This is due to the assumption that a subject that is founded on precedent and history would never comprehend, much less assist, a world that constantly tries to foresee the future. The extent of a person’s rights and access to the essential support that better assists them have been widened by technology and the internet.
The study and practice of law is the discipline and profession that is concerned with a community’s accepted norms, practices, and standards of conduct. A governing authority oversees the body of regulations’ application.
Several articles address the legislation. See legal profession, legal education, and legal ethics for further information on legal education and background. The constitution, ideology, political party, and political system are among the articles that outline how law interacts with political systems.. See the sections on human rights, land reform, and social service for discussions of the significance of legislation in relation to social justice and other social concerns. See comparative law for a study of different legal structures and how the law interacts with the social sciences.
The Indian Constitution provides everyone the right to life and personal liberty. It adequately protects basic rights against arbitrary judgments. This section contains thorough information on numerous laws, rules, and regulations, as well as legal organizations, commissions, and tribunals. You can also learn about the Supreme Court, High Courts, Subordinate Courts, Legal Aid, Profession, Alternative Dispute Resolution (ADR), and other related topics. There is also information about internet services and free legal assistance programs. This section contains related papers and forms.
Technology is a wide notion that encompasses a species’ use and understanding of tools and crafts, as well as how it influences a species’ capacity to regulate and adapt to its environment. It is a result of science and engineering in human civilization, however numerous technical breakthroughs precede the two principles. A precise definition of “technology” is difficult to come by: It can relate to actual things of human use, such as machinery, hardware, or utensils, but it can also apply to wider ideas, such as systems, organizational methods, and techniques. The phrase can be applied broadly or specifically: for example, “construction technology,” “medical technology,” or “state-of-the-art technology.” Technology has had a wide-ranging impact on society and its surroundings. Technology has aided the development of more modern economies (including today’s global economy) and allowed for the establishment of a leisure class in many civilizations. Many technological processes generate undesirable byproducts, known as pollution, and deplete natural resources, both of which are harmful to the Earth and its ecosystem. Various technological implementations impact a society’s values, and new technology frequently presents new ethical concerns. The growth of the concept of efficiency in terms of human production, a phrase hitherto ascribed primarily to machines, and the challenge to established conventions are two examples.
The term “technology” can also refer to a grouping of procedures. In this application, it refers to humanity’s existing understanding of how to combine resources to generate desired goods, solve issues, meet requirements, or satisfy desires; it comprises technological procedures, skills, processes, techniques, tools, and raw materials. When paired with another phrase, such as “medical technology” or “space technology,” it refers to the current state of knowledge and instruments in the particular discipline. The term “state-of-the-art technology” refers to the most advanced technology available to humans in any sector.
The connection between law and technology.
It is critical to recognize that technology is a two-edged sword that must be utilized with considerable caution. Its abuse can have catastrophic repercussions that cannot be reversed. The legislature recognized the critical necessity to control its public usage in order to guarantee optimal resource utilization and to protect the interests of all others. Several laws have been enacted across the world to address the influence of technology on society. The interconnection of the two unique disciplines, Law and Science, might be recognized with the ever-developing technology and scientific attitude. Laws governing technology were drafted with the intention of ensuring its benefits to all while also addressing challenges like as hazards, threats, and ethical biases that may arise. Recognizing that technology is prone to evolution, making it ever-evolving in nature, acts and laws have been developed to address new innovations and related challenges. Science and technology is a broad discipline with many branches, including:
- Cyber and computing technologies, which are advancements of pre-existing communications technology;
- Technologies and innovations that aim to make life easier and more convenient, such as artificial intelligence and robotics, which are extensions and modifications of mechanization;
- Food technology or Bio-technology;
- Medical technology;
- Nanotechnology, and many more.
Because various disciplines of technology serve to different requirements and groups of society, separate and detailed regulations that control their functioning in society are required. This is the primary rationale for having multiple regulations that govern various types of technology. IT laws primarily deal with information technology and cyber legislation. Because AI, biotechnology, nanotechnology, and robots are relatively new, rules governing them are still being developed. We have separate rules that regulate food technology and medical technology.
Laws have an important function in directing created technology that would otherwise go unnoticed. In emerging countries such as India, good law-technology collaboration is critical to the country’s global, economic, and strategic success.
The Act on Information Technology of 2000
The Information Technology Act of 2000, which was based on the UNICITRAL Model Law, has a pivotal role in India, regulating ‘electronic communications, storage of electronic information or data, electronic commerce and trade, and computer-related offenses.’It includes provisions pertaining to offenses that may be penalized under the act, as well as remedies accessible to the victim in the event of an infringement. Its use may be seen in a variety of fields, including filing and storing records (data), combating cybercrime and making social media a secure environment, encouraging international trade and commerce, and expanding economic opportunities. Its goal is to assist government organs in building an independent and digitalized system. The IT Act of 2000 assists the government in e-filing records for longer and better data preservation, simpler calculation, and the filing of e-FIR through portals. It also works to improve cross-border transactions.
As a result, it supervises modern communication technology and seeks to mitigate any harm caused by its abuse.
Advantages of Information Technology in the Twenty-First Century
After medical technology, information technology proven to be the second most valuable asset and contribution of technology to humanity. It not only helped bridge the gap between individuals who couldn’t communicate physically due to procedures, such as during a fatal coronavirus outbreak, but it also emerged as a terrific source of fun and a way to stay connected. It aided many individuals by serving as a strong method and instrument for disseminating information that may save lives all around the world. Technology nowadays has its roots in the most remote locations, making it simpler to deal with the unanticipated problems offered to companies and society as a result of the epidemic and crises. It facilitated the delivery of justice to individuals, especially in difficult circumstances, through the use of virtual courts and hearings. Recently, Apex Court judges highlighted that Covid-19 enabled the Judiciary to switch and select for better dispute resolution techniques, such as video conference hearings, that were previously only employed under specific situations. It was a once-in-a-lifetime chance that knocked on the doors of the Indian court, ensuring that the court continues to execute its tasks and protect the spirit of society.
The judiciary organized several online platforms, including as e-Courts and Zoom sessions, to address the present demands in the middle of the crisis. To ensure efficacy and better outcomes, new and improved software was designed to reach out to the majority by keeping it simple and in vernacular language. It has also been noticed that using information technology to resolve conflicts has made the process easier, more convenient, inclusive, environmentally friendly, and, most significantly, available from the comfort of your own home.
During the pandemic, the involvement of technology made it possible for authorities to reach out to the public with 24/7 helplines and efficiently ensure vaccination of all, with correct records.
Information Technology’s Drawbacks
The human species has been gifted by information technology with ‘Social Media,’ a formidable weapon that can readily affect millions around it. Some people were spotted using and misusing this platform in order to Instil fear and terror. During the crisis, the spread of unconfirmed and false information was a serious worry. Many individuals derided the ground reality on these forums, and some were also caught breaching the reasonable limits imposed by the basic rights Another disadvantage of IT is the large number of hazards connected with it–risk of loss of privacy, risk of monetary value loss, risk of impersonation, and so on. There have been several incidents of white-collar crime or related cybercrime. Common offenses in this field include hacking, phishing, money laundering, and card cloning. The third disadvantage of IT is its complexity, which makes it harder for the less educated/uneducated to contact with the proper authorities in situations of fraud or offense committed. Another downside is the technical nature of information technology, which frequently makes it difficult for less privileged segments of society to reap the benefits of its growth. The tangled network on which IT runs makes it difficult to track down highly trained criminals and frequently results in unsophisticated people being duped by these attackers.
Having said that, it is important to emphasize that technology is a godsend when utilized wisely and within the constraints set. If it is misused or used unlawfully, it can have catastrophic and negative repercussions.
The role of technology in enhancing the efficacy of law implementation:
Technology has steadily gained significant relevance in the sphere of law. Be it e-filing of paperwork, offering direct monetary assistance to farmers through e-transactions, or supporting e-commerce, technology has excelled in every imaginable sector of law. From forensic science to aid in the capture of criminals through procedures such as narco-analysis or fingerprinting, to cyber – technology to improve social networking, technology has considerably aided in the advancement of the law in all directions. It has helped to reduce wasteful paper filing costs and other expenses associated with the same, and has thus played an important part in environmental preservation.
Making law available to all is also a product of technology’s beneficial involvement in the sphere of law. The use of Artificial Intelligence to record instances of infringement in CCTVs, or speed-monitoring cameras that assist ensure traffic rules are followed, has made it simpler to police regulations. Technology now allows for expedited trials and the delivery of justice to victims. It has also aided underdeveloped countries in digitalizing in order to catch up with industrialized countries. However, the technology that was established in the sphere of law to lessen the pendency and load of the pillars of government is occasionally exploited by hackers or those with malicious motives to bother innocent people and trap them in vicious loops of paucity and debt Leaking confidential information through computer resources, hacking the entire system and interfering with its operation, and bluffing people in the name of advanced technology are just a few examples of how technology is being abused by some in society in order to gain an unfair advantage over the less tech-savvy population.
Conclusion
Based on the above reading, it is possible to conclude that technology and law are inextricably linked. Technology and law have plowed their way so deeply and widely into each other’s domains that it now seems difficult to envisage existence without either. The reciprocal interaction between technology and legislation is critical for guaranteeing a nation’s smooth and rapid progress. It is crucial to remember that, just as every coin has two sides, the interaction between law and technology has advantages and disadvantages. However, the benefits of their interconnection much exceed the drawbacks. As a result, it is critical to recognize that the relationship between technology and law is an essential component of the modern world. It may also be claimed that both disciplines help each other in their respective sectors while maintaining a careful balance between the two. Their interdependence is governed by the well-established principle of Checks and Balances, where one promotes and prevents the other to develop within safe limits. These limits are reasonable restrictions applied to the interlinkage in such a manner so as to support the advancement of both the disciplines, while simultaneously ensuring their judicial and safe use, in the best interest of all and ensuring ethical usage of the two disciplines.
PARUL TOMER ADVOCATE
Practicing in the Karkardooma court complex
LL.B, LL.M