Speaking at the Sikkim High Court’s National Conclave on Technology and Judicial Education, Justice Moushumi Bhattacharya said judges must be equipped to deal with transnational legal issues across cyber crime, commerce, environment law and private international law.
Justice Bhattacharya Speaks On Cyber Crime And Judicial Training
Telangana High Court judge Justice Moushumi Bhattacharya has said that judges need better training to deal with the fast-changing cyber-crime landscape.
She made the remarks on May 2, 2026, while speaking at the Sikkim High Court’s National Conclave on Technology and Judicial Education.
The session focused on the theme “Curriculum Globalization and Transnational Law.”
Justice Bhattacharya said cyber crime now travels across the “boundless” borders of the internet. Therefore, judges must understand new digital threats and the legal issues linked to them.
Question On Cross-Border Disputes And Judicial Education
Justice Bhattacharya was responding to a question raised by Meera Furtado, General Secretary, CLEA, and Head of Business and Humanities, International Study Centre, University of Sussex.
Furtado moderated the session along with Bombay High Court judge Justice Somasekhar Sundaresan.
She asked how judicial training could help judges handle cross-border disputes in commerce, environmental law and cyber crime. She also asked how judges could address such disputes while staying rooted in domestic law.
Furtado also raised the issue of learning from Commonwealth jurisdictions.
Judges Must Understand Digital Arrests, Hacking And Ransomware
Justice Bhattacharya said courts now deal with crimes committed across the internet. She referred to identity theft, hacking, ransomware threats, cyber arrest and digital arrest.
She said these issues require judicial awareness and preparedness.
Justice Bhattacharya also referred to the Budapest Convention on Cyber Crime. She said the Law Commission had examined the issue in 2019 from the perspective of a comprehensive cyber-crime framework.
However, she noted that enforcement still remains fragmented.
She said courts face several unresolved issues. These include digital evidence standards, authentication, admission of digital records, cyber-crime treaties, data norms and theft of data.
Commerce Disputes Need Conflict Of Laws Training
Justice Bhattacharya also spoke about transnational commerce.
She said courts now see disputes involving contract breaches, intellectual property violations, regulatory conflicts, intra-group transfer policies and trade issues.
She observed that judges may understand their role as global citizens. However, they also remain bound by domestic statutes.
Justice Bhattacharya said judges may not always have enough time or background to examine complex global legal frameworks.
She referred to World Trade Organization norms, bilateral treaty disputes and digital trade frameworks.
She said judicial training in commerce must include conflict of laws and private international law.
Private International Law Important In Child Custody Cases
Justice Bhattacharya also discussed cross-border child custody disputes.
She gave an example of one parent leaving a foreign country and coming to India with a child. The other parent may then seek the child’s return from the United States.
She said such cases raise difficult questions. Courts must consider how far Indian courts can pass orders. They must also consider how such orders can be enforced.
Justice Bhattacharya said Indian courts may direct parties to approach the local jurisdictional court. Parties may then seek custody relief under the Guardians and Wards Act.
However, she said courts have limited power in habeas corpus petitions. In such cases, courts cannot decide full custody rights.
She said judges need structured training in private international law and treaty obligations. They also need awareness of the consequences of India not being a party to the Hague Convention.
Environmental Harm Does Not Stop At State Borders
Justice Bhattacharya also addressed environmental disputes.
She said courts remain conscious of river contamination, noxious gases and organic pollutants.
She noted that States have artificial boundaries. Pollutants, however, do not remain within those boundaries.
The judge raised an important question. What law applies when one State complains against pollution from another State? She also asked how courts can impose enforceable duties on the offending State.
International Environmental Treaties Need Clearer Enforcement
Justice Bhattacharya said some international environmental treaties use weak language.
She referred to phrases such as “as appropriate,” “to the extent possible,” and “endeavour to prevent trans-border environmental harm.”
According to her, such language weakens enforcement. It does not create a clear mechanism to impose duties or penalties.
She said judicial education should cover these treaties and legal norms.
Justice Bhattacharya added that judges need not know every answer in advance. However, they should know enough to ask lawyers to assist the court on relevant treaties and laws.
Globalisation Has Changed Legal Borders, Says Justice Bhattacharya
In her opening remarks, Justice Bhattacharya said globalisation has reshaped legal borders.
She said this has happened in two major ways.
First, specialised international legal regimes have grown in areas such as trade, human rights and environment.
Second, intergovernmental organisations and transnational companies now exercise greater influence.
Justice Bhattacharya said globalisation is no longer an abstract idea for courts.
She said courts now see its impact in international contract enforcement, arbitration and family disputes involving children in foreign jurisdictions.
Such cases require courts to consider comity of courts. They also require judges to understand the limits of domestic judicial power.
