Q) “Critically examine the virtual judiciary concept in India”. What steps can be taken to make it more meaningful?
Answer:
e-Courts project as part of virtual judiciary was conceptualized on the basis of the “National Policy and Action Plan for Implementation of Information and Communication Technology (ICT) in the Indian Judiciary – 2005” submitted by eCommittee, Supreme Court of India with a vision to transform the Indian Judiciary by ICT enablement of Courts.
Advantages of virtual judiciary:
- The key advantages of establishment of Electronic Courts in India is bringing in a justice serving mechanism that is transparent, efficient, affordable, time saving, protects the interests of witnesses, reduces the backlog of pending cases and most importantly reduces the number of unscrupulous activities.
- Entire information related to a particular case would be available online. It would be available to the attorneys, parties and the general public through the help of internet.
- Registered attorneys can file their case document directly from their home or office. They do not have to worry about postage, traffic congestion or messenger services. They can create a docket sheet and update it immediately, when the documents are filed.
- With the help of internet, the documents of a case can be accessed easily from anywhere at any time. § E-courts would help in the computerization of work flow management in courts. Thus, it would help to create a better court and case management. Video conferencing facilities would be installed in every court complex. Evidence of eyewitness, who are unable to attend the court can be recorded through this method.
- The information would not be misplaced as all the information regarding the case would be carefully recorded and stored. Data keeping would include maintaining the records of e-file minute entries, bail orders, warrants etc.
- In many cases, the witnesses are not able to come to the court and make their statement as the other party is too strong and scares them of the consequences. e-Courts can help in dealing with such cases.
Limitations of virtual judiciary:
- E-courts in India is an endless and complicating process. The process of e-filing a document is a difficult process. All the evidence cannot be produced in a digital format.
- Lack of techno legal expertise is the main reason for the poor status of e-courts in India. With the absence of techno legal expertise, electronic courts cannot be established in India. The country requires more techno legal e-court centers so that the project of e-court can achieve success.
- The project of e-court involves a lot of expenditure. It involves the use of a lot of computers and infrastructures. In the long run, e-courts may face the issue of lack of funds.
- Hackers are getting stronger with every passing day. The possibility of e-Courts getting hacked in such a case cannot be denied.
Measures to make it more meaningful
- It is critical to draw up a well-defined and pre-decided framework as it can help in laying a concrete roadmap and direction to the e-courts scheme of India.
- To achieve this, the government must establish an effective task force consisting of judges, technologists, court administrators, skill developers and system analysts to draw up a blueprint for institutionalizing online access to justice.
- Such a task force must be charged with the responsibility of establishing hardware, software and IT systems for courts; examining application of artificial intelligence benefiting from the data base generated through e-courts projects; establishing appropriate e-filing systems and procedures.
- Creating skill training and recognition for paralegals to understand and to help advocates and others to access the system to file their cases and add to their pleadings and documents as the case moves along. § Once the blueprint is ready, the High Courts across the country may refer the same to the Rule Committee of the High Court to frame appropriate rules to operationalise the e-court system.
- One aspect that needs to be focused on is the deployment of a robust security system that provides secure access to case information for appropriate parties. The security of e-courts infrastructure and system is of paramount importance.
- Also, user friendly e-courts mechanism, which is simple and easily accessible by the common public will encourage litigants to use such facilities in India.
- The government must also make dedicated efforts in the training of personnel to maintain all the e-data.
- Also, conducting training sessions to familiarize the Judges with the e-courts framework and procedure can give a huge impetus to the successful running of e-courts.