28 Nov

E- Court (Online Justice Delivery)

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Contents

• What are eCourts Project? 
• Advantages of Online Justice Delivery
• Key concerns of Digitization of Judiciary

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Beginning of digitization in the field of administration of justice happened in late 1990s, but it accelerated after the enactment of the IT Act, 2000; The real push though was given by the COVID-19 lockdown which hastened the process of digitization.

Key initiatives towards Digitization:

Even before COVId-19 pandemic, some significant steps had been taken towards use of digital technology in Judiciary. It included digitization of Judicial records and establishment of eCourts.

What are eCourts Project?

The eCourts Project was conceptualized on the basis of the “National Policy and Action Plan for Implementation of ICT in the Indian Judiciary – 2005”.

• The Policy was submitted by e-Committee, Supreme Court of India with a vision to transform the Indian Judiciary by ICT enablement of Courts.
• It is a mission mode, pan-India project, monitored and funded by Department of Justice, Ministry of Law and Justice, GoI for the District Courts across the country.
• Phase-1 and Phase-2 had dealt with digitization of the Judiciary, i.e., e-filing, tracking cases online, uploading judgments online, etc.
  • Some work still needs to be done, especially at the lower levels of the Judiciary,
    but the program can still be considered a success.
  • It made it possible for Supreme Court and High Court to function, specially during
    the Pandemic.
  • Phase-2 also saw the development of the National Service and Tracking of Electronic Process, a software that enabled e-service of summons.
• Phase-3:
  • In Feb 2023, the Union Budget had announced the launch of third phase of the e courts projects with an outlay of Rs 7,000 crore while the first two phases of the project were planned and executed with an overall budget of Rs 639 crores and Rs 1,670 crores.
  • Third phase of the project seeks to inter-link courts across the country besides setting up the infrastructure of paperless court, digitization of court records, and setting up advanced e-sewa kendras in court complexes.

Virtual Hearing:

• Before the pandemic, virtual hearing was used only in a limited manner; for e.g., in criminal cases where it was not possible to produce the accused physically before the court or while extending the remand of the accused.
  • Cases related to matrimonial issues and domestic violence, bounced cheques, motor accident compensation referred to mediation centres and Lok Adalats could be included in the list of cases fit for disposal through the virtual hearing.
• Live Streaming already started in 7 High courts in India and the Supreme Court of India.
• To explore the use of latest tech like Artificial Intelligence and Machine Learning in the Judicial domain, the Supreme Court of India has constituted an Artificial Intelligence Committee.

Advantages of Online Justice Delivery:

• Digitization reduces the physical space required for storage of files.
•  It also increases traceability of files. Missing court records may lead to acquittal of Convicts (State of Uttar Pradesh v. Abhay Raj Singh).
• Fast-track the Judicial Process:
  • For e.g.,: With digitization, it will take much less time for the lower courts to transmit the records as and when called for.
  • Reduction in adjournments: Sometimes adjournments happen due to affidavits which were filed years ago were not restored with the records or were not traceable. Once the documents are digitized and e-filed by Counsels, at least the cases would not get adjourned by the Courts on this account.
• Status of the case can be much easily traced: Once a lawyer or a litigant file a case digitally, he or she can check the status of the filing, the status of applications, and affidavits, data of next hearing, orders passed by the courts etc. just by clicking on an app.
  • This has been sought to be implemented by the e-committee of the Supreme Court by issuing directions to ensure that e-filing of cases/petitions by state governments in all matters be made mandatory from 1st Jan 2022.
• Virtual hearing can also save a lot of time and money for lots of people who spend a lot of time while commuting to the courts.
• Livestreaming is an extension of the principle of open justice and open courts.

Key concerns of Digitization of Judiciary:

• Poor Infrastructure: Internet connectivity and the need of well-equipped space where lawyers can conduct their cases are some of the major problems requiring attention.
• Lack of comfortability with digital technologies: Judges, Court staff, and lawyers are not well versed with digital technology and its benefits.
• Privacy Concerns: Increasing digitization may lead to privacy violations. For e.g. in the ecosystem approach provided by Phase-3 of the eCourts project, centralized data can be misused for surveillance purposes.
• Cyber Security threats

Way Forward:

• Digital Literacy: Train Judges, Court staff and lawyers to ensure that they are very comfortable with the digital system.
  • For this political will and support of judges and lawyers are also necessary.
• Infrastructure: To ensure uninterrupted accessibility for the Court, lawyers as well as litigants.
• In appropriate cases, and certain categories of cases as identified by the court administration in consultation with the members of the Bar, virtual hearing should be made mandatory.
• Look into the concerns raised against the vision document of Phase-III of the e-Courts Project.
  • The draft can be reviewed to abandon the ecosystem approach.
  • Right to privacy should be protected and for this the e-Courts must move towards localization of data rather than centralization.
  • The e-Committee must prevent the “seamless exchange” of data between the branches of the state that ought to remain separate.

Conclusion1

• Embedding the basic premise of equity in the vision for a digitalized judicial process is a pre requisite to ensure that India’s march towards technical expertise is in tune with the social and political realities within which people access justice in India.

 Conclusion2:

As courts expand digitally, they also need to account for the digital rights of their users, which
are in relation to access, privacy, security, anti-discrimination, and equality.

Example Questions:

• Why is it important to Digitize the Judicial Administration in India? Discuss the key challenges being faced towards achieving this digitization in Judiciary.
• “Embedding the basic premise of equity in the vision for a digitalised judicial process is a prerequisite to ensure that India’s march towards technical expertise is in tune with the social
  and political realities within which people access justice in India” Discuss the statement in light of the recent emphasis on e-Courts in India. [15 marks, 250 words]