REVOLUTIONIZING JUSTICE: THE RISE OF E-COURTS IN INDIA

Written By Yoshita Manral

Reviewed By Admin | The Legal Gazette

Published By Khushi Verma

INTRODUCTION 

The justice system of India has long grappled with issues such as case backlogs and limited accessibility. Today, India has approximately 5.1 crore cases pending in different courts and this is the need for change that is required. In response, the government came up with the e-Courts project to develop the judiciary and improve on the justice delivery system. This venture targets at creating electronic records for courts, conducting court sessions through virtual means and streamline case management processes. However, this still presents some challenges like, the level of computer literacy still remains an issue, and the physical infrastructure in terms of computer laboratories and internet connectivity base is still wanting.  The success of e-Courts project and challenges faced with relevance to new advancements in this sphere is the subject matter of this article. 

PROGRESS OF THE E-COURTS PROJECT

The e-Courts project which was launched in 2005, has demonstrated tremendous improvement in the transformation of the judiciary. Some of the accomplishments made include, digitization of records where through this most of the court records have been stored in the computer system, therefore minimizing the use of physical space to store these records. According to the National Judicial Data Grid (NJDG), over 14 crore (140 million) case records have been digitized. The digitization has highly benefited legal works with regard to the management and retrieval of legal documents. Another appreciable change in the legal proceedings is the usage of virtual hearings especially due to the COVID 19 crisis. This ensured that through the use of technology, hearings were conducted through video conferencing thus no stagnation in the provision of justice throughout the country by various courts. Plea hearings through video conferencing were conducted between March and December 2020, as per the records and in excess of 2500000 cases have been heard through video conferencing. For example, the Delhi High Court executed over fifty thousand video conferences during the COVID 19 outbreak to continue crucial cases even during the lockdown. The implementation of e-filing also has proved to be a great advancement which is enabling lawyers and litigants to file cases online, thereby cutting on physical visits to the court. Not only has this saved more time but it has also reduced the use of paper work where e-filing is adopted in over 3500 courts currently in 2021. Also, general availability of case status through the NJDG portal has increased transparency by keeping litigants informed and reducing anxiety.

CHALLENGES FACED

Despite various advancements, there are certain major issues, which the e-Courts project is unable to dodge on certain grounds. Accessibility issues are perhaps the most acute of them: such as the digital skills gap. Despite this, researchers found that many people, especially those in the rural areas, are unable to use the platforms appropriately. For instance, in a IAMAI group report done earlier in 2019 it was clear that notwithstanding the increased use of internet connectivity only 11% of the rural population in India could be regarded as being digitally illiterate and therefore cannot even have a chance to use e-Courts for different purposes unhesitantly. For instance, the Rajasthan High Court indicated that it was challenging to engage the rural-based litigants in virtual sessions because of the low levels of computer literacy. Also, internet connectivity is still a challenge in many areas of the country to the detriment of its citizens. The IAMAI report also revealed that 27 % rural areas can access the internet, which hinders the prospect of doing virtual hearings or even checking on the status of cases online. Such general concerns as low video and audio quality during the virtual hearings can hinder the case. Such problems have caused cases to be rescheduled in the past. The aforementioned are the issues that always force a case to be rescheduled. Besides, issues of infrastructure deficits are still noticed, especially regarding technology, equipment, and facilities that are to be provided to lower district and district courts for implementing e-Courts. The latest Economic Survey-2020-21 reported that only 30% of district courts offered the facility of video conferencing. The experience of family courts in Mumbai, which offered virtual hearings for divorce and custody cases faced these challenges. Even though virtual hearings had earmarks of diminishing the strain and costs that people incurred, occasional lack of internet posed some existence of concern. 

POTENTIAL FOR FURTHER ADVANCEMENTS

The prospects of further progress in the e-Courts project look rather promising. Enhancing digital literacy is necessary; the government and judiciary may engage in initiatives like digital literacy camps and training lawyers and other staff in the courts among others. The "Digital India" campaign aims to increase digital literacy, which can support the e-Courts project. Enhancing infrastructure is also essential. Supplying all the courts with electronic equipment that they require, and maintaining a stable internet connection can improve the e-Courts. In this regard, the government’s BharatNet project for making available high-speed Internet to villages of the country could be useful. Greater accessibility of digital platforms results from designing them in such a way that a larger population of people will use them. Making the e-filing pathways less complicated and having websites in several languages could assist in improving this aspect immensely. It means that perhaps they are not fully aware of e-Courts and there is a need to embark on public sensitization and create awareness about the services provided and how to get them. Collaborations with technology companies and educational institutions can bring in expertise and innovation, helping to develop better tools and platforms for the judiciary. For example, collaborations with tech companies have helped other countries improve their e-justice systems. Continuous training programs for judges and lawyers on using digital tools can ensure they are well-equipped to handle virtual proceedings. Also, The National Judicial Academy and state judicial academies can play a key role in this.

CONCLUSION 

It is worth noting that the implementation of the e-Courts project has enhanced the opportunity for justice in India. However, there are probably thorny issues such as issues to do with digital literacy and digital infrastructure that have to be dealt with to allow this to happen. With sustained endeavour and further innovations, the e-Courts system holds the potential to be the building block of a new, efficient, transparent, and accessible judiciary in India. Therefore, with a concentration on digital literacy, infrastructure and user-friendly, the judiciary in India can be well prepared for the twenty-first-century challenges and justice delivered to anyone.

SOURCES

1-"Welcome to NJDG - National Judicial Data Grid." NJDG. Last modified June 2, 2024. https://njdg.ecourts.gov.in/njdgnew/?p=main/pend_dashboard.

2- "Over 50,000 virtual hearings conducted during pandemic: Delhi High Court." Hindustan Times. Last modified June 2, 2024. https://www.hindustantimes.com/cities/delhi-news/over-50-000-virtual-hearings-conducted-during-pandemic-delhi-high-court-101624788421493.html.

3-Digital Literacy Report 2019." IAMAI. Last modified June 2, 2024. https://iamai.in. 

4-Internet Access Report 2019." IAMAI. Last modified June 3, 2022. https://iamai.in. 

5-"Virtual hearings in Mumbai family courts during pandemic." Times of India. Last modified June 3, 2024. https://timesofindia.indiatimes.com/city/mumbai/virtual-hearings-in-mumbai-family-courts-during-pandemic/articleshow/82407102.cms. 

6- "Home." BharatNet. Last modified June 3, 2024. http://www.bharatnet.in.