Open Access Research Article
FROM BENCH TO BROWSER: NAVIGATING THE TERRAIN OF INKLESS JUDGEMENTS IN THE 21ST CENTURY
Published Paper
Article Details
FROM BENCH
TO BROWSER:
NAVIGATING
THE TERRAIN OF INKLESS JUDGEMENTS IN THE 21ST CENTURY
AUTHORED
BY - BANSHIKA GUPTA & PRIYANSHI CHAKRABORTY
School Of
Law, Devi Ahilya Vishwavidhyalaya University, Indore (M.P.)
ABSTRACT:
The transition from traditional
paper-based court systems to digitalized platforms represents a pivotal moment
in the evolution of justice delivery. This paper explores the multifaceted
journey of India’s judiciary towards embracing digitalization, analyzing its
implications, challenges, and potential outcomes. Through the lens of legal
luminaries like Hon’ble Chief Justice D.Y. Chandrachud and global exemplars
like Turkey, the USA, and the UK, it charts India’s flight towards a tech-savvy
judicial ecosystem. The COVID-19 pandemic emerges as an unexpected catalyst,
propelling the courts towards a digital dawn amidst the shadows of lockdowns
and stalemates.
Through a comprehensive examination
of the e-courts project by the Government of India, the paper elucidates the
strides made in enhancing accessibility, efficiency, and transparency.
Moreover, the paper outlines strategic suggestions for encouraging
digitalization efforts. It advocates for a collaborative approach involving
legal tech startups and emphasizes the ethical dimensions of digital court
proceedings.
In conclusion, the paper underscores
that the digitalization of courts in India signifies more than just a
technological upgrade; it represents a democratization of access to justice.
However, achieving this vision requires a concerted effort to address the
challenges and harness the transformative potential of digitalization in the
legal domain.
“Digital courts illuminate the path
to a more inclusive and agile judiciary, where justice is not bound by physical
constraints but flourishes in the interconnected realm of cyberspace.”
KEYWORDS:
Digitalization, litigants, e-Courts, virtual, justice delivery system
“Digitalization is a step in the right
direction of a sustainable transformation of the justice delivery system.”
– Hon’ble Chief Justice of India D.Y.
Chandrachud
A silent revolution is underway in
the traditional brick-and-mortar courtrooms of India’s judiciary- the struggle
to mark a paradigm shift from paper to paperless courts in India. Justice
Chandrachud has aptly remarked that the journey towards digitalization
represents more than just a technological leap; it signifies a fundamental
shift towards a more sustainable and equitable justice delivery system. This
incorporates the theory of survival of the fittest given by Charles Darwin in
the present-day scenario of the post-COVID new normal. As the world is shifting
towards reliance on cyber-based platforms, India also needs to keep pace with
the globe in the early.
In global collaboration is legal
professional an exception? There can be treaties and conventions for arms and
ammunition then why not for the rudimentary foundation of the nation i.e. legal
fraternity? India is
not the only one that is ambitious about heading towards modernization/
digitalization of the judiciary, other nations are already on the path of
tech-savvy.
Turkey is the first in the world to employ its
scientific knowledge and technology to bring forward its legal organization to
conflate with the information age. USA, the world power has been at the forefront
of integrating technology with the judiciary. They have embraced the methods of
‘e-filing’ and ‘virtual courtrooms’. Some notable initiatives like PACER
(Public Access to Court Electronic Records) also establish a transparent
network for accessing documents online. In the UK, e-courts have gained
significance through projects like HM courts and tribunals (HMCT) services with
the ideology of adopting digital case management systems and virtual hearings. They
aim to improve their justice delivery system with a reduction of costs and
delays.
Sometimes, ensuring justice in one
country requires working with other countries. When we collaborate, we can
understand each other’s systems better. Greater understanding brings greater
synergy. Synergy boosts better and faster justice delivery. Therefore, such
platforms and conferences are important,” said Prime Minister Modi.[1]
The expedition of digitalizing the
Indian judiciary started in 1990 with the initiative of National Informatics
Centres (NIC) targeting the Hon’ble Supreme Court in the early stages and later
extending to high courts. Considerable adversity was faced by the district
courts while going through the transitions, because of which the attempt in
1997 remained unaccomplished.
Another attempt to computerize a specific number of local courts was performed
in two stages. Firstly, it covered 700 courts in four metropolitan cities and
secondly, 900 additional courts are also covered in state cities where the high
courts were located. During the first phase of this project, a significant
amount of Rs. 14 crores was shelled
out by the center for the computerization of all city courts in the four
metropolitan cities of Mumbai, Chennai, Delhi, and Kolkata during 2001-2002. In
2003-2004, in the second phase of this project,900 courts were transformed
including high courts located in the state capitals with a total cost of Rs. 24.24
crores. Then the radical e-Courts Project was brought in the year 2005 which is
currently gaining fame due to the dawn of the COVID era.
The Greek philosopher Plato asserted
that “a need will be the real creator” and this appropriately fits the
helplessness that the Indian judiciary faced during the COVID-19[2]
pandemic. The catalyst effect of the pandemic was reflected when closed court
doors tested the endurance of several litigants.
‘Almost the entire world was in a
situation of stalemate in the pandemic and the Indian justice delivery system -typically
characterized by its lack of swiftness – is no different.’
Due to COVID-19, stringent protocols
were imposed which prohibited the lawyers & litigants to physically appear
in the court. Therefore, the need for digitalization was realized during the
lockdown. The Indian judiciary was propelled towards adopting a modern approach
for the effective delivery of justice. For instance, the medium of serving
summons and notices was through e-mail, and fax which are feasible and economical
modes of communication as suggested by the Apex court. For conducting remote
hearings and to make it convenient for counsel and clients to take active participation
in judicial proceedings. It also acts as an efficient alternative for reducing
the burden of traveling expenses and also ensures the security of legal
professionals. Moreover, live streaming of court proceedings increases accessibility
at the grassroots level of the nation and connects them to the legal
environment. Conclusively, a court is a service rather than a place where
justice is delivered immaterial to a materialistic court.
“There was a total shutdown at the
time but we had to run the courts”.[3]
– Hon’ble Chief Justice of India D.Y. Chandrachud
When the globe was dealing with
worrisome repercussions of the pandemic, on the other side of the coin, the
lockdown served as a panacea for the earth to soothe detrimental effects caused
by constant human interventions. This aided Earth’s rejuvenation sustainably
and exceptionally. The nexus between digitalization and sustainable development
is well established. It is finely quoted: “Technology is not a means of
execution but should be used for inclusive justice.” Unexpectedly, the
irony that surfaced here is that the ‘taken-for-granted luxury’ provided
to the judiciary resulted in India being the highest consumer of paper in the
legal panorama. It is usual in Indian court scenarios that every day lakhs
of cases are heard, hundreds of documents are printed & and thousands of
sheets of paper are dumped.
According to reliable sources of
news, about 1 crore sheets are being consumed annually in courts. It is well
said: “Rights and duties go hand in hand”. Therefore, if there is a right
to legal aid then there is also a duty to safeguard the environment in which
the legal aid is provided for. The Constitution of India also provides for the same
under Article 48A, Article 51A, and Article 21 which incorporates the right to a
clean, healthy, and sustainable environment. Former Chief Justice S.A. Bobde known
for his ecological approach, implemented the proviso of utilizing both sides of
paper for printing outcome of which is the nation saving around 1.5 Cr. A-4
sheets of paper per annum. The concept of digitalization of court includes a significant
increase in equipment like iPads, laptops, computers and other electronic
devices which are beneficial in e-filing documents, online proceedings, etc.
British Prime Minister William E.
Gladstone said “Justice delayed is justice denied’’. [4]The
statement is applicable and true for the Indian judiciary. In a report by
Hindustan Times in 2018, it reported 27 million cases pending for the judgments
with around 8.4% of them on hold for more than 10 years. The Hon’ble Supreme
Court of India has taken the aid of ICT (Information
and Communications Technology) to
accelerate the speed of the judicial sector. the potential cause of delay could
be identified as first non-adequacy of judges and secondly inefficiency of
Indian courts in the disposal of cases. The judge and citizen ratio of India
currently stands at 21 judges per million population. The pressure on the
judges is too high which is the dominant factor for mental stress among the
judges. The Hon’ble Supreme Court had to find a way which increase the delivery
of judgments without compromising the quality of justice.
Therefore,
following the early attempts of computerization, a brand new initiative ‘e-Courts
Project’[6]
was brought by the Government of India to bring effect to dual objectives firstly,
to ensure more transparency in the judiciary and secondly to bring the
judiciary closer to common litigant in India. The e-Courts Project,
conceptualized based on the "National Policy and Action Plan for
Implementation of Information and Communication Technology (ICT) in the Indian
Judiciary – 2005, implemented under the oversight of the e-Committee,
established by the Government of India, the project aims to modernize district
courts across the nation with the support and funding from the Department of
Justice, Ministry of Law and Justice. The reason behind bringing the e-Courts project is to come
up with more transparency in the justice delivery system and to amplify
judiciary both qualitatively and quantitatively According to Daksh report,90.1%
of the litigants have an annual income of less than 30,000 and on average, each litigant spent Rs. 519 per day to
attend court.
Source: https://njdg.ecourts.gov.in/
Therefore, to make the judicial
system cost-effective as well as to build a harmonious connection between
judiciary and litigants. The
project is being initiated in stages as follows:
PHASE I: A Holistic
Ecological Approach
Phase I of the e-Courts Project began
on 8 February 2007 with approval by the Cabinet Committee of Economics Affairs
(CCEA) with a budget of Rs. 420 crore. The budget was revised on 16th September
2010 to a skyrocketing amount of Rs. 935 crore where are huge number of courts
were readied for computerization, and websites were launched by a large number
of courts at the district level in this phase. The e-courts
project was established as a Mission Mode Programme i.e. MMP with a prolonged
motto of ‘Technology for justice’. Phase I concluded on 30th March 2015
with proposals for the interim budget of Phase II. Following are the endeavors
taken under the same:
1.
Citizen-centric service- the most significant objective of e-Court is to deliver
effective and efficient citizen-centric service to reduce the trouble faced by
them due to lengthy and time-consuming judicial procedures this service aims to
provide citizens with any required information without any inconvenience which
also incorporates time bond delivery of judgment because of this service
citizen should be able to undergo the part of the judicial system.
2.
Decision support system: it aided in developing, installing, and implementing a
proper and effective mechanism to use the Information and Communication Technology
(ICT) framework in Indian Courtrooms that further supports in promulgation of
judicial decisions efficiently. For instance, there must be a uniform case
cloud on which judgments are to be uploaded timely so that they can easily
accessed publicly.
3.
Transparency of information access: one of the biggest hurdles of the Indian judiciary is to
evidence its transparency and reliability to achieve greater transparency the
data must be available and easy to access publicly.
4.
Judicial delivery system: a common litigate in India comes from an improvised class
who can't afford the expense of a justice delivery system. Therefore there is a
need to ameliorate the condition of the judiciary and to make the whole
judicial system cost-effective and transparent to make it accessible to the
grassroots level of the country.
5.
Court management and case management system: today India is the world’s most
populous country passing the population of China which ultimately results in a
lot of complications in the proper management of cases along with code to solve
this problem there is a need to make an effective policy for managing caseloads.
Case Information System (CIS) is being developed to maintain Court cases at the
Central level.
6.
Improving legal awareness: India is a poverty-prone country due to which 80% of the
litigants have not graduated which subsequently makes them unaware of what
legal rights they possess. Article 39A of the Indian Constitution provides free
legal aid rights.
PHASE II:
An Incomplete Digitalization
The proposal of the e-Courts Project
phase II was obtained on 8 January 2014 by the Chief Justice of India while it
was sanctioned on 4 August 2014. Under phase II, 18735 district courts have
been computerized so far. The following are notable initiatives[7]
under the project:
I.
WAN:‘Wide Area
Network’ was provided to 99.3% of courts under this phase which shifted its
bandwidth speed from 10 Mbps to 100 Mbps using several tech know-how like OFC,
RF, and VSAT.
II.
Case information software (CIS): In a nutshell, CIS is an idea that enables the litigant to
be able to view the daily status of a case, the orders from the case, hearings
of a case, the progress of the case on any particular date, etc. online from
any part of the world. Free and Open Source Software (FOSS) is a customized
networking software that has been developed for this initiative. Currently CIS
is operating at a Core version 3.2 in district courts and CIS National Core
version 1.0 is secured for the high courts. The data is also fed to the
National judicial data grid to enable the public, litigants, and advocates to
avail the services from www.ecourts.gov.in.
III.
National judicial data grade (NJDG): The elastic search technology developed under the
project gives access to the lawyers and litigants to the case status
information of cases, orders, and judgments. Also enables the government to do
Research and Analysis as open APIs have been introduced in this initiative.
NJDG is a database of orders, judgments, and case details of approximately
18735 district and subordinate courts and high courts where the data is updated
on a near real-time basis by the courts themselves.
IV.
Citizen-centric services: 7 platforms have been initiated providing real-time
information on the case status to the lawyers:
·
SMS Services: Sends 200,000 SMS daily for updates.
·
Email Updates: Dispatches 250,000 emails daily for
case information.
·
Multilingual e-Courts Portal: Receives 35 lakh daily
hits, offering case details in multiple languages.
·
Judicial Service Centers (JSC): Physical hubs
providing personalized assistance.
·
Information Kiosks: Provide accessible case information
at strategic locations.
·
e-Courts Mobile App: 79.65 lakh downloads for
on-the-go case updates.
·
JustIS App for Judges: 17,369 downloads for judges’
case management.
V.
Virtual courts:
As of July 4, 2022, 20 Virtual Courts are operating across 16 States/Union
Territories, including Delhi (2), Haryana, Tamil Nadu, Karnataka, Kerala (2),
Maharashtra (2), Assam, Chhattisgarh, Jammu and Kashmir (2), Uttar Pradesh,
Odisha, Meghalaya, Himachal Pradesh, Madhya Pradesh, Tripura, and West Bengal.
These Virtual Courts are dedicated to handling traffic offenses. Virtual Courts
are presided over by a Judge through electronic platforms, with jurisdiction
spanning the entire state and operating 24/7. They have successfully
adjudicated over 1.69 crore cases and collected fines totalling Rs. 271 crores.
Additionally, the Delhi High Court has recently initiated 34 Digital Courts
specifically designated to address cheque bounce cases under Section 138 of the
Negotiable Instruments Act.
VI.
Video conferencing: District and High courts, along with the Supreme Court, have managed a
significant caseload through video conferencing, totaling 1.92 crore cases by
April 30, 2022. Video conferencing facilities are operational between 3240
Courts and 1272 Prisons. High Courts in several states have initiated live
streaming of video conferencing proceedings, enhancing transparency in judicial
processes. To expedite case disposal, mobile e-court vans equipped with Wi-Fi
and computers for video conferencing have been deployed in Telangana and
Uttarakhand. Moreover, High Courts in Gujarat, Orissa, Karnataka, Jharkhand,
Patna, and Madhya Pradesh have initiated live streaming of video conferencing
proceedings, allowing media and other interested parties to observe court
proceedings in real time.
VII.
e-Filing system version 3.0: Version 3.0 of the e-Filing system has been launched,
offering advanced features for the electronic filing of legal documents. These
include online submission of Vakalatnama, e-signing, online video recording of
oath, online payment, filing of multiple IAs/applications, Portfolio
Management, and bilingual mode. Additionally, online payment of court fees,
fines, penalties, and judicial deposits is now available through https://pay.ecourts.gov.in.
VIII.
e-Seva Kendras:
To ensure inclusive justice delivery and address the digital divide, e-Sewa
Kendras have been introduced to offer e-filing services to lawyers and
litigants. As of April 30, 2022, 500 e-Sewa Kendras are operational under 26
High Courts. Additionally, a Nyay Kaushal Centre has been established in Nagpur
to provide comprehensive e-facilities.
In a bid to enhance
accessibility to legal judgments, a ‘Judgment & Order Search’ portal has
been launched. This portal, accessible at https://judgments.ecourts.gov.in,
serves as a repository for judgments and final orders of the High Courts. Its
features include search options based on Bench, Case Type, Case Number, Year,
Petitioner/Respondent Name, Judge Name, Act, Section, Decision Date Range, and Full-Text
Search
IX.
National Service and Tracking of Electronic Processes (NSTEP):it has been introduced to facilitate
technology-enabled process serving and issuance of summons. Currently, NSTEP
has been implemented in 28 States/Union Territories.
X.
Virtual Justice Clock: it is a digital platform designed to display crucial
statistics of the justice delivery system at the court level. It provides
details on the cases instituted, disposed of, and pending cases on a daily,
weekly, and monthly basis. This initiative aims to enhance transparency and
accountability in the functioning of courts. Anyone can access the Virtual
Justice Clock on the District Court website, enabling broader public engagement
with the justice system’s operations and outcomes.
XI.
Secure, Scalable & Sugamya Website as a Service (S3WAAS) Website: A new divyang-friendly website for
the e-Committee is live in 13 regional languages including English & Hindi.
Additionally, all other court websites are being upgraded to the S3WAAS
platform, ensuring security, scalability, and accessibility. Content on these
websites is designed to be accessible to all users, including those with
disabilities, using facilitative technologies.
XII.
Information, Education, and Communication (IEC) Campaign: To disseminate information and
enhance understanding of the facilities offered by the e-Courts Project,
several initiatives have been undertaken:
·
E-Committee Website: A dedicated website has been launched
exclusively to provide a platform to share information about the e-Courts
Project. High Courts can also showcase their achievements and best practices on
this platform.
·
Awareness Webinars: Webinars have been conducted for
the Bar Councils of Tamil Nadu, Goa, Maharashtra, and Delhi to raise awareness
and familiarize legal professionals with e-filing procedures. Additionally,
manuals and brochures on e-filing have been made available on the e-filing
Portal for reference.
·
YouTube Channel: An ‘e-Courts Services’ YouTube
channel has been established to host video tutorials on e-filing. These
tutorials, available in various regional languages alongside Hindi and English,
aim to provide step-by-step guidance to advocates.
PHASE III:
The Vision for a Change[8]
The latest stride in this
transformative journey, Phase III of the Project, has received the Union
Cabinet’s approval, under the guidance of Prime Minister Shri Narendra Modi. It
represents the government’s commitment to the principles of inclusivity and progress
as advocated in Modi’s vision of “Sabka Sath, Sabka Vikas and Sabka Vishwas”.
At its core, Phase III envisages a comprehensive overhaul, encompassing the
digitization of court records, standardization of e-filing and e-payments
through the proliferation of e-Sewa Kendras, and the implementation of
intelligent systems for data-driven decision-making by judges and registries.
The primary objective is to create a unified technology platform that promotes
accessibility, affordability, reliability, predictability, and transparency
within the judicial framework.
In essence, Phase III of the e-Courts
Project proclaims a paradigm shift in India’s judicial landscape, signaling a
new era characterized by enhanced efficiency, effectiveness, and accessibility.
Through its unwavering commitment to leveraging technology for the greater
good, this transformative initiative is poised to significantly reduce the
backlog of pending cases, thereby upholding the fundamental doctrines of
justice and democracy.
The anticipated outcomes of the
scheme encompass a broad spectrum of advancements aimed at revolutionizing the
judicial process:
1. Bridging the Digital Divide: Through e-Sewa Kendras, citizens
lacking access to technology can now avail of judicial services, thus ensuring
inclusivity and accessibility.
2. Environmental Friendliness: Digitization of court records not
only facilitates various digital services but also promotes environmental
sustainability by minimizing paper usage and reducing the need for physical
document movement.
3. Cost Reduction: Virtual participation in court
proceedings cuts down on expenses related to travel for witnesses, judges, and
stakeholders, thereby optimizing resource allocation.
4. Convenient Payment Options: Payment of court fees, fines, and
penalties becomes hassle-free with the ability to make transactions from
anywhere, anytime.
5. Streamlined e-Filing: The expansion of e-filing reduces
the time and effort required for document submission, while automated checks
minimize errors and diminish reliance on paper-based records.
6. Integration of Advanced Technologies: Utilization of AI, ML, OCR, and NLP
enhances user experience by creating a “smart” ecosystem, streamlining
processes, and facilitating better decision-making for judges and registries.
7. Expanded Virtual Court Proceedings: Beyond traffic violation cases,
virtual courts are extended to various other proceedings, reducing the need for
physical presence in courtrooms and enhancing efficiency.
8. Automated Delivery of Court Summons: The expansion of NSTEP ensures
swift and automated delivery of court summons, thereby expediting trials and
reducing delays in legal proceedings.
9. Reduction in Pending Cases: The incorporation of emerging
technologies into court processes increases efficiency and effectiveness,
contributing significantly to the reduction of pending cases and promoting
timely justice delivery.
In February 2023, the launch of 3rd
phase of the e-Courts Project was announced in the union budget with an outlay
of Rs. 7,000 crores. Earlier both phases of the projects were carried out with
a net budget of Rs 639,411 crores and 1,670 crores respectively. The main
objective behind launching the 3rd phase of the e-courts project is
to interlink various courts across the country along with setting up the
infrastructure of inkless courts and advanced e-Sewa Kendras. The rise in the
budget for the third phase of the project is due to the helplessness and
necessity faced by the Indian judiciary during the pandemic as well as the
positive result of virtual courts. The interim budget for the financial year
2024- 25 has proposed an additional Rs. 110 crores for 26 high courts across
the country which are part of the e -Courts Project.
But, Is a country like India all
set for a digital justice system?
It is important to weigh down the
strengths and weaknesses before
forming any opinion or making decisions. Like any complex endeavor, e-Courts
projects come with their set of merits and demerits. By carefully considering both the positive and
negative aspects, judgments about the feasibility, effectiveness, and potential
impacts of such projects can be made. Here is a comprehensive list of merits
and demerits of the project in a diverse country like India. Firstly the merits
are: -
·
Virtual
courts are litigation friendly as compared to ordinary physical courts as they
help in saving the traveling expenses borne by the litigate as well as the
considerable cost sustained by the courts.
·
Virtual
courts are easy to access and affordable to the section of society that comes
from an impoverished background.
·
The
Indian judiciary is well known for its pendency of cases with around 30 million
cases pending in courts across the country With the advent of digitalization, there
is a reduction in the backlog of cases.
·
Article
39 (b) of the constitution propounded that all the material and economic
resources in the country do not belong to a specific section of the society and
are to be distributed as best to subserve the common good. In G.B. Pant
University of Agriculture and Technology v State of UP (2000)[9]
the concept of “distributive justice” was laid down which states
that resources are to be distributed equally among the people of the country. Digital
justice is affordable and can reach ground-level
of the country and far-off areas to participate in court proceedings.
Therefore, the virtual Court helps in accomplishing the notion of distributive
justice.
·
e-Courts
also provide a platform to lawyers enabling them to deal with plenty of cases
in a single day and they can also present their arguments before a judge
sitting in any Court of any part of the country.
·
With
the establishment of virtual courts, the testimony by the witness can be now
given without being afraid of anyone and in a secure environment. Moreover, online
hearings are less traumatic for victims in comparison to ordinary hearings.
·
For
the establishment of courts and tribunals, a big budget is required which can
be cut down by opening virtual courts. The outcome of this low cost of litigation
is incurred by litigants.
·
Virtual
courts Lessen the burden on the litigant’s shoulder to appear physically in
court which ultimately helps in saving travelling expenses as well as time of
litigants.
·
The
online hearings and proceedings enhance accountability and transparency of the judicial
system among the parties of the case, also, the proceedings are held in a time-bound
manner which makes judiciary administration efficient and effective.
“The internet gave us access to
everything; but it also gave everything access to us.” -James Veitch
Following is a catalog of the
demerits of the idea of digitalization of courts: -[10]
·
Due
to the lack of basic infrastructure facilities and internet connectivity issues
the advocates and litigants who belong to semi-urban and rural districts face
challenges in participating in online hearings of the cases. An ample amount of
the Indian population comes from remote areas which makes justice inaccessible
and uneconomical for them.
·
There
is a 3-dimensional digital divide created by virtual courtrooms i.e.
i.
access divide
which deals with the huge variation in accessibility of basic infrastructure
and equipment to different people coming from different regions and backgrounds,
ii.
connectivity divide representing the variation in high-speed internet access nation, and
iii.
skill divide
that everyone doesn’t possess the requisite skill and knowledge to utilize the
digital justice delivery system efficiently.
·
Another
major hurdle in conducting hearings in virtual mode is technical glitches and
if they happen during the proliferate working hours of judgment when plenty of
people log into the live conferencing system it will result in a lot of time
wastage of judiciary.
·
The
Open court principle is a much better option when it comes to knowing the
authenticity of the identity of the evidence and witnesses that are produced. In
the case of an online hearing, the admissibility of evidence might be
questionable.
·
The
installation of certain applications and software for keeping the data of court
proceedings further exaggerated the issue of privacy concern and led to many
cyber crimes such as hacking, as it is easy to corrupt any confidential data
that is stored in an application through a single virus attack in the system.
·
There
is a lack of legal knowledge among the majority of the population which
ultimately results in making the e-filing process more complicated.
·
It
requires a big budget to transform all three tiers of the Indian judiciary into
a virtual model. There are 25 high courts and more than 500 subordinate courts
in the country. India is not ready for such an arm and a leg process as well as
the time-consuming digitalization of each legal subject matter.
·
The
main reason behind the poor status of virtual courts is an insufficient number
of techno legal experts. In a country like India, it is impossible to establish
e- Courts in the absence of techno-legal expertise.
Digitalization of courts in India can
significantly improve efficiency, transparency, and accessibility to justice.
Here are some suggestions for digitalizing courts in India:
i.
Legal Research Databases: Provide judges and lawyers with access to comprehensive
legal research databases containing statutes, case law, and legal commentaries.
This will facilitate legal research, enhance the quality of judicial decisions,
and promote consistency in legal interpretation.
ii.
Legal Aid Portals: Develop online portals for legal aid services, providing information on
legal rights, procedures, and resources for those who cannot afford legal
representation. This will improve access to justice for marginalized and
underprivileged communities.
iii.
Cybersecurity Measures: Implement robust cybersecurity measures to safeguard
sensitive legal data, prevent unauthorized access, and protect the integrity of
electronic court systems against cyber threats and hacking attempts.
iv.
Public Awareness Campaigns: Launch public awareness campaigns to educate citizens about
the benefits of digital court services, how to access them, and their rights
and responsibilities in the digital justice ecosystem.
v.
Digital Signature and Authentication: Implement robust digital signature and authentication
mechanisms to ensure the integrity and authenticity of electronic documents
filed in court, thereby enhancing the security and reliability of digital court
processes.
vi.
Language Localization: Provide multilingual support in digital court systems to
accommodate diverse linguistic preferences and ensure that language barriers do
not hinder access to justice for individuals who are not proficient in the
official language of the court.
vii.
Interoperability with Other Government Systems: Ensure interoperability between
digital court systems and other government databases such as Aadhaar (unique
identification), land records, and police databases to streamline information
exchange, improve decision-making, and reduce duplication of efforts across
different government agencies.
viii.
User Feedback Mechanisms: Establish feedback mechanisms for users to provide input on
their experiences with digital court services, including suggestions for
improvements. This will facilitate the continuous refinement of digital
platforms based on user needs and preferences.
ix.
Collaboration with Legal Tech Startups: Foster collaboration with legal tech startups and
innovators to explore emerging technologies such as artificial intelligence,
machine learning, and blockchain for specific legal applications, such as
contract analysis, legal research, and dispute resolution, to enhance the
efficiency and effectiveness of judicial processes.
x.
Integration of Alternative Dispute Resolution (ADR) Mechanisms: Integrate ADR mechanisms such as
mediation and arbitration into digital court platforms, allowing parties to
explore alternative avenues for resolving disputes in a timely and
cost-effective manner. This can help reduce the burden on traditional
courtrooms and promote a culture of collaborative dispute resolution.
xi.
Blockchain Technology for Document Verification: Explore the use of blockchain
technology for securely storing and verifying court documents, ensuring
tamper-proof records and enhancing trust in the integrity of the judicial
process.
xii.
Electronic Courtrooms in Rural Areas: Extend the digitalization efforts to rural areas by
equipping courtrooms in remote regions with necessary technology infrastructure
and internet connectivity. This can improve access to justice for rural
communities and reduce the need for travel to urban centres for court
proceedings.
xiii.
Ethical Guidelines for Digital Court Proceedings: Develop ethical guidelines and
standards for conducting digital court proceedings, addressing issues such as
privacy protection, data security, and ethical use of technology in the
administration of justice.
In conclusion, the digitalization of
courts in India marks a significant leap forward in the country’s judicial
landscape. Through a series of strategic initiatives, including the
establishment of dedicated websites, awareness webinars, and educational
resources, the transformative process of digitalization is evident. It aims to
bridge the digital divide, streamline processes, enhance accessibility, and
promote transparency and efficiency in legal proceedings. With the integration
of advanced, the judiciary is poised to usher in a new era of smarter and
swifter justice delivery and reduced backlog of pending cases.
“Embracing digitalization in our
courts isn’t just about modernizing, it’s about democratizing access to
justice.”
It comprehends that the adoption of
digitalization in our court systems goes beyond mere technology updating.
Instead, it’s about ensuring that access to justice becomes more equitable and
inclusive for everyone. By embracing digital tools and processes, we can break
down barriers and make the legal system more accessible to individuals from all
walks of life. Digitalization democratizes access to justice by empowering
people to navigate legal processes more easily and efficiently, regardless of
their background or resources.
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Article Information
FROM BENCH TO BROWSER: NAVIGATING THE TERRAIN OF INKLESS JUDGEMENTS IN THE 21ST CENTURY
Authors: BANSHIKA GUPTA, PRIYANSHI CHAKRABORTY
- Journal IJLRA
- ISSN 2582-6433
- Published 2024/03/01
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
- Access Open Access
- License CC 4.0
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