Open Access Research Article
ROLE OF TECHNOLOGY TO GUARANTEE ACCESS TO JUSTICE
Published Paper
Article Details
ROLE OF TECHNOLOGY TO
GUARANTEE ACCESS TO JUSTICE
AUTHORED BY -
PUSHPITA MITRA
First Year
Student, Xavier’s Law School, XIM, Bhubaneswar
ABSTRACT
The paper explores access to justice
and its concept of evolution. Over
time, access to justice has broadened beyond just legal aid. It now encompasses
alternative ways of resolving disputes and technological advancements.
Technology has played a significant role in shaping access to justice, and it
is crucial to acknowledge that internet access is a fundamental aspect of
ensuring equality in accessing justice. It investigates the existence and
realisation of the justice gap. Advancements in technology have created fresh
possibilities for bridging the justice gap. Online platforms and tools can
provide low-cost or even free legal assistance, making it easier for
underserved populations to access justice. This paper acknowledges the role of
technology and e-courts in reducing the justice gap and how it has been a boon
to the Indian legal system. Its implementation has made legal processes more
efficient, accessible and transparent, resulting in quicker resolution of
disputes and increased accountability. This paper observes the current state of
technology's use in accessing justice in India and suggests techniques to use
it and also room for improvement. Only by doing so can we ensure that justice is delivered effectively and
efficiently to all citizens. This paper emphasises the backing of fundamental
rights and human rights in the role of technology in access to justice as
justice must prioritize the unequivocal endorsement of fundamental and human
rights. It also explores the anticipated benefits and impacts of upcoming
changes in the Indian legal system on society.
Keywords:
Human-Technology Collaboration, Efficiency, Online platform, Justice gap,
Online access, Legal right.
INTRODUCTION
Ensuring
access to justice is essential in any legal system, guaranteeing individuals
the opportunity to pursue and receive justice regardless of their
socio-economic status or personal characteristics. It is a fundamental
principle that underpins equality, fairness and the rule of law.[1]
Technology has played an
important role in improving access to justice. With technological advancements,
legal services can now be delivered remotely, allowing people to access legal
services from anywhere, regardless of location. It addresses the ability to be
"present" during proceedings, to have sufficient information to make
informed decisions and to be represented in court. Technology offers one hope
for closing legal system gaps and increasing accessibility.
Access to justice is a fundamental
right guaranteed by the Indian Constitution, specifically Articles 14 and 21,
which ensure that every individual has the right to approach a court of law to
seek justice and fairness. It is not enough to have access to legal resources
and mechanisms; it is also necessary to have reliable and affordable internet
access. The internet has become an indispensable tool for those seeking
justice, allowing them to access legal information, communicate with legal
professionals, and participate in online legal proceedings. Individuals without
internet access may face an unfair disadvantage in the legal system. As a
result, ensuring that everyone has equal access to the Internet is critical for
fostering fairness and equity in the legal system. In today's world, access to
justice includes not only having access to legal resources and mechanisms but
also having access to reliable and affordable internet.[2]
In recent years, technological
advancements have revolutionized the delivery of justice, resulting in a
significant transformation of the judicial process. Individuals can now access
legal services, communicate with their lawyers, and file applications and
documents online, all from the comfort of their own homes. Some of the
advantages that technology has brought to the judicial system include better
allocation of judicial resources, lower costs of administering justice, and
improved services for litigants. Furthermore, lawyers have been given
professional tools to improve the quality of their services and secure
decisions, ensuring the enforcement and recognition of their judgments. It is
clear that technology has had a significant impact on access to justice, and we
can anticipate further advancements in the future. As a result, ensuring
universal access to justice is critical for safeguarding human rights,
promoting social justice, and cultivating a peaceful and stable society.
EXISTENCE
OF JUSTICE GAP
The term "justice gap"
refers to the disparity or inequality between the legal assistance that people
require and their ability to obtain justice.[3]
This gap focuses primarily on the experiences of those looking for solutions to
their problems. Conflicts with neighbours, problems with the police, issues
with receiving entitled government benefits, disputes over minors' custody,
unfair labour layoffs, property and land disputes, conflicts with landlords,
and criminal problems such as being a victim of crime or violence are all such
examples.
While the Indian Constitution
guarantees equal access to justice for all, many people are unable to obtain
legal assistance for a variety of reasons, including financial constraints, a
lack of awareness, and geographical barriers. This has resulted in a
significant gap between people's legal needs and their ability to obtain
justice. The justice gap is especially evident in the case of marginalized
communities, including women, children, and people with lower socioeconomic
backgrounds. Poor people who live in rural areas, in particular, lack legal
identity documents due to a lack of property titles for their land or home, or
because they are unregistered workers. The most extreme cases of the justice
gap affect those who live in areas of high violence, insecurity, and political
instability, as well as those who lack citizenship or live in modern slavery.[4]
These communities frequently face multiple barriers, including a lack of education,
language barriers, and discrimination, which exacerbate their inability to
obtain legal services.
The justice gap is a complex issue
caused by a variety of factors. One of the primary reasons is a lack of legal
awareness among the general public, which causes them to be unaware of their
rights or the mechanisms to protect them. The case of The Sheela Barse v. State
of Maharashtra (2011) [5]case
highlighted the plight of undertrials who are imprisoned due to a lack of legal
representation and delayed trials. Inadequate legal aid systems worsen the
justice gap by preventing many people from obtaining affordable legal
representation.
People are unaware of their rights or
how to enforce them (where to go and who to contact). These mechanisms are
frequently expensive or slow, making them unaffordable to a large proportion of
the population. This frequently makes
legal procedures slow complicated, and even expensive at times, rendering them
unaffordable for a large portion of the population, leaving them to suffer in
silence.
This justice gap has serious
implications for human rights, social justice, and the rule of law. Studying
the justice gap provides us with how to develop public policies to ensure
justice for all.
E-COURT
INITIATIVE IN REDUCING JUSTICE GAP
Access to justice is restricted by a
variety of factors, including financial constraints, limited legal knowledge
and literacy, geographical constraints, language and cultural complexities, and
biases and discrimination within the legal system. Overcoming these obstacles
is critical to establishing a fair and inclusive justice system.
The concept of e-courts, also known
as digital or online courts, has grown in popularity as the judicial system has
been digitized. The rise
of e-courts has been made possible due to the advancements in technology.
Technology has played a crucial role in making justice more accessible to
people. For instance, online legal resources, such as legal databases and
forums, have made it easier for people to research and understand legal issues.
Additionally, online dispute resolution platforms and mobile court applications
have made it easier for people to resolve disputes and engage with the justice
system. In 2010, the Ministry of Justice published a report titled 'Virtual Court
Pilot: Outcome Evaluation' that demonstrated how a video link between police
stations and the courtroom can be used to hold the first hearing in the
majority of criminal cases. It also reduces the number of failed appearances,
alleviating the burden of transporting prisoners from court to court.
E-courts have made the process of filing cases
and accessing justice faster and more convenient. With e-courts, people can
file cases online, check the status of their cases, and even attend hearings
remotely The convenience of e-courts is especially helpful for those who live
far from the court or have mobility issues. Moreover, during the COVID-19
pandemic, e-courts facilitated judicial proceedings while reducing the risk of
virus transmission. and became a technological solution that aims to streamline
the court process by digitizing court procedures.
E-courts are a growing alternative to
conventional courts, utilizing technology to streamline legal proceedings.
[With e-courts, judges and
court staff can access case files and related documents electronically, which
saves time and eliminates the need for physical paperwork][6].
Furthermore, e-courts have also helped in reducing the backlog of cases by
streamlining the court processes and making them more efficient.
With the automation of the court
processes, e-courts have made it possible for case records to be easily
accessible and available online. This means that lawyers and litigants can file
cases and access court documents from anywhere and at any time, without the
need to physically visit the court.
[E-courts have also enabled judges to
conduct court proceedings online, reducing the need for physical appearances
and making the court processes more efficient.][7]
This has helped to reduce the time taken to dispose of cases and has enabled
the courts to handle a larger number of cases in a shorter time. Kalyan Chandra
Sarkar v. Rajesh Ranjan alias Pappu Yadav[8]-
video conferencing was used for a fair trial; the accused's appearance was
waived, and the proceedings were held from Tihar Jail in Delhi. The learned
trial judge also ensured that the accused was available for video conferencing
before recording statements under section 313 to ensure that the statements were
not merely formal. When the accused is detained in another city.
In the case of the State of
Maharashtra vs. Praful B Desai[9],
witness examination was permitted via video conferencing. The question of
witness examination via video conferencing was compared to that of virtual
reality, which violated the accused's rights under Article 21 of the
Constitution. It was determined that virtual reality is a situation in which
one is made to feel, hear, or imagine something that does not exist in reality.
The presence of the accused or his pleader during the recording of evidence via
video conference satisfies the condition of 'presence' under section 273 of the
Criminal Procedure Code. The accused will be able to see the witnesses much
more clearly than in a crowded courtroom.
In the case of Sujoy Mitra vs. State
of West Bengal[10], the
Calcutta High Court permitted witness examination via video conferencing from
Ireland. In the current case, all other witnesses were recorded; however, the
victim of the crime was an Irish lady who was currently in Ireland, where the
trial court had allowed the witness's statement to be recorded via video
conferencing.
All these advancements in technology
have helped in making justice more accessible and affordable for people from
different walks of life.
Nevertheless, the implementation
of e-courts poses several challenges. Ensuring the security and privacy of
court data is a major concern. Providing universal access to the e-court
system, especially for those without internet or technological devices, is
another challenge that needs to be addressed.
TECHNOLOGY’S
ZEAL FOR CLIENT EXPECTATIONS AND CLIENT INTERACTION
Technology has the potential to
significantly improve clients' interactions with legal services and meet their
expectations. With the increasing demand for legal services, technology is
constantly evolving to provide better and more efficient services to clients.
Legal services can improve their clients' overall satisfaction and trust in the
justice system by embracing technology and utilizing it to enhance their
experiences. This has the potential to improve client outcomes and increase
access to justice.
Previously, seeking legal advice or
information was a time-consuming and daunting task that often required
in-person meetings with lawyers or extensive library research. However, with
the advent of the internet, clients now have access to a wealth of online legal
resources, such as legal research databases, online legal forums, and virtual
consultations with lawyers. This has not only made legal services more
accessible but also more cost-effective and efficient for clients. This has
also had a significant impact on clients' expectations for access to justice,
as they now expect quicker, more efficient, and more convenient legal services.
Clients and lawyers can now
communicate more effectively thanks to technological advancements[11].
The use of video conferencing and online messaging platforms has transformed
how lawyers interact with their clients. Previously, clients had to physically
go to their lawyer's office to discuss their legal issues, which could be
time-consuming and inconvenient. However, with the use of video conferencing
and online messaging platforms, lawyers can now communicate with their clients
in real-time, regardless of their location. [Clients can now receive legal
advice, case updates, and other important information without leaving their
homes or offices.][12]
Furthermore, the use of technology has improved the security and privacy of
communication between clients and lawyers by encrypting messages and video
calls and protecting them from unauthorized access.
Overall, technology has improved
client-lawyer communication, making legal services more accessible and
convenient for all.
CURRENT
SUCCESSFUL E-COURT MODELS
India's E-Court initiative aims to
provide efficient and transparent services for litigants. The system supports
electronic filing, case management, and online access to case information. The
initiative has also implemented virtual court hearings and videos. Conference
calls have also helped to reduce delays caused by physical distance.
Several successful e-court models
have been deployed in India. Here are some of the most notable ones
1. National Judicial Data Grid (NJDG): NJDG is a case management system
that provides real-time data on the status of cases in all district and
subordinate courts throughout India. It improves the judiciary's efficiency by
providing judges with up-to-date case information and reducing the time and
effort required to search for case records. This means that judges can make
better-informed decisions and cases can be resolved faster, benefiting all
parties involved in the legal system. The NJDG is an important tool for
ensuring that the Indian judiciary operates effectively and efficiently.
2. The e-Courts Integrated Mission Mode
Project: It
aims to digitize the entire judicial process, from filing to disposal. It
entails the implementation of an online case management system, e-filing of
cases, virtual court hearings, and digital signatures on legal documents. This
project has been implemented in more than 16,000 courts across the country.
It encourages transparency and
accountability within the legal system. The system provides accurate and
up-to-date information on the status of cases, reducing delays and ensuring
that justice is delivered on time and efficiently. This, in turn, contributes
to public trust in the judiciary and boosts confidence in the legal system.
3. The Supreme Court Electronic Court
(SCEC): The Supreme
Court of India has implemented an electronic case management system known as
the Supreme Court Electronic Court (SCEC). This system allows judges to access
digital case records such as judgments, orders, and pleadings. It also allows
for electronic filing of cases and virtual court hearings.
This means that lawyers can file cases online from their offices rather than physically visiting the court. Lawyers and litigants can participate in court proceedings from a distance without physically being present in court. This has made it easier for people to participate in court proceedings, particularly those who live in rural areas or are unable to travel to court for a variety of reasons.
This means that lawyers can file cases online from their offices rather than physically visiting the court. Lawyers and litigants can participate in court proceedings from a distance without physically being present in court. This has made it easier for people to participate in court proceedings, particularly those who live in rural areas or are unable to travel to court for a variety of reasons.
4. High Court of Bombay Online: The High Court of Bombay has
implemented an online case management system that allows litigants to file
cases, track their case status, and receive email and SMS notifications. This
system has reduced the need for in-person court appearances while also
improving judicial efficiency.
Furthermore, the implementation of this system improved the efficiency of the judicial process, ensuring that cases are resolved on time.
Furthermore, the implementation of this system improved the efficiency of the judicial process, ensuring that cases are resolved on time.
5. The Delhi High Court eCommittee: It has implemented several digital
initiatives, such as e-filing of cases, online payment of court fees, virtual
court hearings, and video conferencing facilities. These initiatives have
contributed to a reduction in case backlogs and improved litigants' access to
justice.
One of the most important initiatives
is e-filing, which allows litigants to file their cases online rather than
going to court in person. This has reduced the time and effort required to file
a case, making it more efficient for all parties involved.
Previously, litigants had to pay
court fees in person, which was time-consuming and occasionally difficult to
navigate. With the introduction of online payment, litigants can now easily pay
their fees while saving time and effort. Thus, the Delhi High Court
eCommittee's digital initiatives have significantly improved the legal system
and made it more accessible to the public.
These are some of the most successful
e-court models that have been implemented in India. They have helped to improve
the efficiency of the judicial process, reduce case backlogs, and make justice
more accessible to the average citizen.
THE
LINCHPIN FOR GUARANTEEING ACCESS TO JUSTICE
Awareness Enhancement
Access to justice is a fundamental
human right that allows people to seek and receive legal redress when their
rights are violated. It is a necessary component of a fair and just society, as
it ensures that everyone is treated equally under the law. However, many people
struggle to exercise this right for a variety of reasons, including a lack of
resources, limited legal knowledge, and societal barriers. One of the most important
factors in ensuring access to justice is raising awareness among the people
themselves. When people are educated about their rights, the legal system, and
available resources, they are better able to navigate the justice system and
seek the justice they deserve. In this context, raising awareness about legal
issues can be critical in promoting access to justice and ensuring that
everyone is treated equally under the law.
Access to awareness is an essential
component of ensuring access to justice. Individuals who are unaware of their
legal rights and remedies may be unable to assert them or navigate the legal
system effectively. When people are unaware of their rights or the legal
options available to them, they may feel powerless and incapable of seeking
justice. As a result, it is critical to raise people's awareness of their legal
rights and the resources available to them to ensure that everyone has equal
access to justice, regardless of background or situation.
As a result, it is critical to educate
people about their right to justice and the legal remedies that are available
to them. People can learn about their right to access justice in a variety of
ways. One of the most effective methods is to use legal aid programs, which
provide free or low-cost legal advice and representation to those who cannot
afford it. Legal aid clinics can be established in communities where people can
visit and learn about their legal rights and choices.
Public awareness campaigns are
another effective way to educate people about their right to seek justice.
These campaigns can be promoted through a variety of media, including
television, radio, social media, and billboards. Public awareness campaigns can
also be tailored to target vulnerable populations. These campaigns can use
targeted messaging to reach those who are most in need of legal help. For
example, campaigns may be launched on social media platforms popular with
specific groups, such as women or people with disabilities. They may include
information about the legal system, the significance of seeking legal advice,
and the advantages of obtaining justice.
Community outreach programs can also
help to educate people about their right to access justice. These programs may
include legal professionals visiting schools, community centres, and other
public areas to provide information and answer questions. Workshops and
seminars can also be held to teach people about their legal rights and how to
navigate the legal system.
E-Justice System Training
With a population of over 1.3
billion, India has always faced significant challenges in accessing justice.
The traditional justice system in India is slow, inefficient, and frequently
unavailable to many people, particularly those living in rural areas. This is
where E-Justice System Training can help to improve access to justice in the
digital age.
The E-Justice System Training is a
novel program that provides comprehensive training to legal professionals and
justice system stakeholders on the use of electronic tools and technologies to
improve access to justice. The program is specifically designed to increase the
efficiency, effectiveness, and accessibility of the justice system through the
use of technology. Participants in this program will gain a thorough understanding
of the most recent advancements in legal technology, as well as how to use
these tools to achieve the best results for their clients. Whether you're a
lawyer, judge, court clerk, or other justice system stakeholder, it's an
invaluable resource for staying ahead of the curve and providing the best
possible service and support to clients.
The training covers a variety of
topics, including electronic case management, online dispute resolution,
digital evidence management, and electronic document filing and service. The
training is frequently delivered in a combination of in-person and online
sessions, and it is intended to provide participants with the necessary skills
and knowledge to use technology to improve access to justice. The training
helps participants understand the benefits and challenges of technology in the
justice system, as well as the skills required to navigate digital tools and
platforms.
By providing training on these topics, the program aims to provide legal professionals and justice system stakeholders with the skills and knowledge they need to use technology to improve access to justice.
By providing training on these topics, the program aims to provide legal professionals and justice system stakeholders with the skills and knowledge they need to use technology to improve access to justice.
Thus, E-Justice System Training and
making people aware is an important initiative for increasing access to justice
in the digital age.[13]
By leveraging technology, the justice system can become more efficient,
transparent, and accessible to all. The program is a step toward ensuring that
all people, regardless of background or circumstance, have equal access to
justice.
BACKING OF
THE CONSTITUTION AND HUMAN RIGHTS
Access to justice is a fundamental
right in any democratic nation. This right is enshrined in many countries'
constitutions, including India. The principle of equal access to justice states
that everyone should have access to justice, regardless of gender, sexual
orientation, location, socioeconomic status, religion, right to representation,
or disability. The court system is an essential component of any democratic
society, and it is the government's responsibility to ensure that it is open to
all.
The European Convention on Human
Rights establishes access to the courts as a legal right. According to Article
8 of the 1948 Universal Declaration of Human Rights, "everyone has the
right to an effective remedy by competent national tribunals for acts violating
the fundamental rights granted him by the constitution or by law[14]".
E-justice systems should also incorporate the concept of 'equal access' to
ensure that users with limited technological literacy are not left behind. This
means that the government must invest in e-justice infrastructure that is
accessible to all, regardless of technical proficiency.
E-justice systems can provide faster
justice, which is a fundamental right under Article 21 of the Indian
Constitution, as opposed to paper-based procedures, which are more expensive.
The development of e-justice systems should be evaluated using methods such as
user surveys, qualitative and quantitative analysis, and participant
observation. This will provide valuable insight into the effectiveness of
e-justice systems, allowing for improvements where needed.
It is time for the government to
invest in technology to support courts and dispute resolution, which will solve
the problem of pendency. The government must invest in e-justice infrastructure
that is accessible to all, regardless of technical proficiency. This will
ensure that everyone has equal access to justice and that the court system is
efficient, cost-effective, and open to all.
The court system is an essential
component of any democratic society, and it is the government's responsibility
to ensure that everyone has access to it. Access to justice is a fundamental
right, and the government must ensure that everyone has equal access,
regardless of gender, sexual orientation, location, socioeconomic status,
religion, right to representation, or disability. E-justice system development
should be evaluated using methods such as user surveys, qualitative and
quantitative analysis, and participatory observation to ensure that it is effective
and accessible to all. The government must invest in technology to support
courts and dispute resolution, which will address the issue of pendency.
CHALLENGES
IN PROMOTING E-ACCESS TO JUSTICE
Resistance to change is a significant
barrier to implementing capacity building and training in e-court. The adoption
of e-court has led to significant changes in court operations, but some judges,
attorneys, and employees may struggle to adapt to new procedures and tools. A
few coherent problems within legal systems prevent the promotion of e-access to
justice are as follows:
a) Individuals' perceptions and
acceptance
People's perceptions and acceptance
can pose significant barriers to accessing justice. Many people still believe
that traditional ways of seeking justice, such as visiting a lawyer's office or
going to court, are more effective than online platforms.
b) Lack of practice updates
The term "digital divide"
refers to disparities in access to technology and internet connectivity among
different groups of people. This can make it difficult for people who are
already marginalized or disadvantaged to get legal help online. Furthermore,
there are concerns about the security and privacy of sensitive legal
information sent online. This raises concerns about the security of
confidential information and the possibility of data breaches. Furthermore,
individuals must possess the necessary digital literacy skills to navigate
online legal resources and services. Some people may struggle to use e-access
to justice tools and resources effectively unless they receive proper training
and support.
CONCLUSION
To fully realize the potential of
e-courts, it's crucial to make them accessible to all, including those with
digital barriers. E-court systems must be user-friendly, secure, and
transparent through collaboration among governments, civil society
organizations, and the corporate sector. Investing in training and capacity
building equips legal professionals and court personnel with the necessary
skills to use digital platforms effectively.
To improve access to justice through
e-courts, stakeholders must work together. Improving access to e-courts can
enhance the effectiveness of justice for all.
[1] Marc Galanter & Jayanth K.
Krishnan, Bread for the Poor: Access to Justice and the Rights of the Needy in
India, (2005), https://papers.ssrn.com/abstract=682324
[2] Estelle Hurter, Access to Justice: To Dream the
Impossible Dream?, 44 Comparative
and International Law Journal of Southern Africa 408 (2011),
https://unisapressjournals.co.za/index.php/CILSA/article/view/11532
[3] Increasing Access to Justice with Technology, Legal Management, https://www.alanet.org/legal-management/2021/january/departments/increasing-access-to-justice-with-technology
[4] Federico Ast, The Role of Technology to Guarantee
Access to Justice, Astec (Jun.
22, 2020), https://medium.com/astec/the-role-of-technology-to-guarantee-access-to-justice-da3c0e508171
[6] Ecourtsservices, “ECourts”,
https://services.ecourts.gov.in/ecourtindia_v6/
[7] The Report of the Law Commission on the Reform of Judicial
Administration, 1 Journal of the
Indian Law Institute 331 (1959),
https://www.jstor.org/stable/43953792
[8] (2005)Cri.L.J. 1441 (India)
[9] (2003) 4 S.C.C. 601 (India)
[10] 8(2015) 16 S.C.C. 615 (India)
[11] PRACTICE DIRECTIONS FOR E-FILING
(PHASE-II) IN THE SUPREME COURT OF INDIA
https://main.sci.gov.in/php/FAQ/5_6246991526434439183.pdf.
[12] Norul Mohamed Rashid, Access to Justice and Rule of
Law Institutions, United Nations
and the Rule of Law, https://www.un.org/ruleoflaw/thematic-areas/access-to-justice-and-rule-of-law-institutions/
[13] Law Commission of India, Reform of
Judicial Administration Report No.14, (September 1958).
[14] UNITED NATIONS STANDARD MINIMUM
RULES FOR THE TREATMENT OF PRISONERS RESOLUTION ADOPTED BY THE GENERAL
ASSEMBLY(2015).
Article Information
ROLE OF TECHNOLOGY TO GUARANTEE ACCESS TO JUSTICE
Authors: PUSHPITA MITRA
- Journal IJLRA
- ISSN 2582-6433
- Published 2024/02/22
- 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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