Digitisation will ensure speedy, efficient delivery of justice

News: In 2021, the Gujarat HC became the first court in the country to livestream its proceedings. Its example was followed by other HCs like Karnataka, Odisha, Madhya Pradesh and Patna.

Use of technology in the India’s Judicial System

In India, e-governance in the field of administration of justice began in the late 1990s. However, the e-governance accelerated after the enactment of the Information and Technology Act, 2000.

Since then, the focus has been on digitising the court’s records and establishing e- courts across the country. For example, e-courts were launched as a part of the National e-Governance Plan (NEGP) in the year of 2006.

The e-Committee of the Supreme Court has issued directions to ensure that e-filing of cases/petitions by state governments in all matters be made mandatory from January 1, 2022.

The Supreme Court has approved the hearing of a number of matrimonial cases through video-conferencing in a number of cases. For example, in Krishna Veni Nagam v Harish Nagam Case (2017), and in Anjali Brahmawar Chauhan vs Navin Chauhan Case.

In 2018, the Supreme Court allowed the live-streaming of cases of constitutional and national importance on the basis of the judgment in Swapnil Tripathi.

What are the benefits of digitisation?

Digitisation prevents the requirement of a large space needed to store so many files and the decades-old documents.

Ensures that these files are traceable electronically as and when required. This prevents the consequences of missing court records.

– For example, the SC in State of Uttar Pradesh v. Abhay Raj Singh Case held that the courts are bound to set aside the conviction, if court records go missing and re-construction is not possible. Thus, convicts can go free for want of court records.

The time consumed in summoning records from the lower courts to the appellate courts cause a lot of delay in cases. It will take much less time to transmit the records as and when called for after digitisation.

The cases are adjourned simply because affidavits filed several years ago were not restored with the record or were not traceable. The digitisation will not let the cases adjourned by the courts on this account.

The lawyer or a litigant can check the status of the filing, the status of applications and affidavits, date of the next hearing, orders passed by the courts etc. Thus, the lawyers or their staff are not required to visit the reporting sections or other sections of the court to know about the status of their cases.

Before the pandemic, virtual hearings were used only in a limited manner; for example, in criminal cases where it was not possible to produce the accused physically before the court.

The live-streaming of cases of national importance would lead to ensuring transparency and openness.

What are the issues?

There are Internet connectivity issues. In addition, it requires a well-equipped space where lawyers can conduct their cases.

Judges, court staff and lawyers are not well-versed with digital technology and its benefits.

Way Forward

Political will and the support of judges and lawyers are necessary. They should be made aware of the technical know-how and its advantages. They should also be given adequate training in the technologies.

The digital technology can be used in terms of digitisation of court records, e-filing of cases and their virtual hearing, live streaming of court proceedings.

Virtual hearings cannot be a substitute for physical court hearings in all cases. 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.

Source: The post is based on an article “Digitisation will ensure speedy, efficient delivery of justice“ published in the Indian Express on 28^th May 2022.