SYNOPSIS:
This article highlights the future of virtual courts in India and what are the pros and cons of adopting e court system in the Indian scenario. This article also covers the need for a systematic and scientific approach for successful integration of technology in the judicial framework of India.
Introduction
COVID- 19 brought a paradigm shift from physical hearings to virtual courts in the Indian Legal system. Unlike few months ago when the e- courts system seemed audacious, today, we have successfully addressed a key concern to the judicial system i.e. technology and optimization of court processes. This can be regarded as a turning point in the history of Indian Judicial System with an immense increase of innovation and resolution to some long standing issues.
Over the last decades Indians have embraced technology in a greater way than ever before, with development of online shopping apps to the concept of ‘work from home’, in these exceptional circumstances, the question that poses in the minds of every advocate and judicial person is that why can we not use technology to ensure speedy disposal of cases?
E – Courts are a kind of subset to virtual courts as they refer to the websites and components used to facilitate the functioning of the courts. India is moving forward to this system as an E – Courts Project has been launched on the basis of “National Policy and Action Plan for Implementation of Information and Communication Technology in the Indian Judiciary- 2005.” The vision behind the project is to initiate the implementation of Information and Communication technology in the judicial system for the first phase. It was carried on by providing laptops, computers, required software and hardware, digital signatures to judges and internet.
In the second phase a common software platform was developed known as Case Information Software with which all the court data is uploaded on the website for easy access. On July 26th, 2019 Delhi’s first virtual court was launched at Tis Hazari and following that on August 17th, 2019 the Punjab and Haryana High Court also introduced the same to deal with traffic challan cases.
The procedure aids to expedite disposal of cases and reduces footfall of the court.
Economic Survey of 2019-2020 mistakenly argues for more court infrastructure, on the contrary, existing infrastructure is grossly underutilized. The court system at present requires the advocates from both sides to be physically present in the court and often the cases are adjourned. In such a scenario a virtual court system will pave way to easily access to justice. Not only will it result in substantial savings in the cost but also a speedy disposal of cases. This can surely help in increasing the productivity of lawyers as in regard to the metropolitan cities the traffic on roads is time killer for various advocates. They have to travel court to court for hearings and so at times they are unable to reach the court in time which results in further delay of the matter put up.
But like every coin has two sides, virtual court system cannot be completely adopted in the system. One of the reasons is; it is imperative that free and fair administration of justices is not disrupted. The principle of Open Court is said to be disregarded in virtual hearings. The open court principle presumes that public and media have free and fair access to court proceedings. With its foundation in the principle of freedom of speech and expression it protects a wide scope of activities which enables the public to attend court hearings as a spectator, reporter or partaker. In the case of Naresh Shridhar Mirajkar and Ors. V. State of Maharashtra and Ors., the Supreme Court recognized the importance of this principle as it serves a check against judicial caprice and serves as a powerful instrument for creating confidence in fairness and impartial administration of justice. But this drastic technological advancement has disregarded this principle to some extent as there does not exist an exhaustive digital literacy and training of all judicial officers.
Another problem that is posed in adopting such a system is the demeanor of witnesses and false evidence as a video conference cannot lead in discovery of truth fairly. In recording testimonies and conducting evidence through video conferencing the physical oath taking cannot be undertaken efficiently. In regard to the criminal punishment the communication of degree of censure and condemnation of the crime deserves to be done to the public at large in order to add deterrent value but such communication via video conferencing does not seem to be a feasible option.
Another concern is the lack of confidence that litigants may have as disclosing of personal or financial information online without proper supervision can be harmful as the chances of divulging of such information increases.
Thus such quick adoption of virtual courts raises some serious and complex concerns.
VIEWS OF SOME EMINENT JUDGES ON ADOPTION OF VIRTUAL COURTS:
Current CJI SA Bobde discussed the implementation of video conferencing in courts to avoid any type of gathering in Court premises and minimize the impact of COVID-19 outbreak in the functioning of the judiciary. Justice DY Chandrachud announced the e-filing of matters which is available 24/7. He stated that between 2017 – 2020 Internet penetrations in India has risen from 437 million to 564 million and it is expected that by 2020 it will rise to about 600 million people. Quoting figures from TRAI he said that the internet density in India stands at 52% while in villages only 27% people have access to internet and 25.3% people have smart phones, so the question that arises is how e-courts will help these people who don’t have access to robust technology and infrastructure. Therefore he said “technology must be used for inclusive justice”. Justice Chandrachud also spoke on how digitization of case records and proceedings will not violate one’s right to be forgotten. He said he had dealt with this “philosophical question” in his dissenting opinion on Aadhaar, but the same was not the law of the land. Even now, he said, judgments were being uploaded on the Supreme Court’s website.
In the Vidhi’s JALDI Consultation on virtual courts held on April 25, 2020 some eminent judges and advocates discussed upon the ongoing use of Zoom and other video conferencing apps. The need of unique software for court proceedings was an important matter which was discussed at the meeting. The conversation also explored on how the E courts project can be given an ensured judicial oversight. The virtual courts was said to be an extremely useful means to embrace the fact that courtrooms are not the only viable institution for dispute resolution.
CONCLUSION:
The adoption of e courts in India requires adoption of a design thinking approach as there are a large number of cases which are mechanical in nature and thus require a mechanized approach too. It is important for the younger advocates to become the vanguard of the transition to virtual courts which can result to an effective e court system. But another aspect that cannot be disregarded is that India’s internet density stands at only 52%, with the maximum population residing in rural areas, e courts cannot be a feasible option for those people. Hence, a well planned outline is required to successfully implement virtual hearings in Indian setup and physical hearings cannot be totally terminated at any point.
-DEEKSHA CHUGH
Deeksha Chugh 