The Author, Sidhanth Mor, is an advocate in New Delhi and a post graduate from the National Law University Delhi
On the last day, before the summer vacations commenced, Justice SJ Kathawalla of the Bombay High Court heard matters beyond 3.00 AM. The High Court witnessed lawyers, court staff and a judge sitting in the court to complete his work on more than 130 matters. This was a rare occasion in the court’s 156 years’ history. The measure is laudable, but also highlights the utter need of transformation of court process.
Until recently, technology has been vastly used in diverse organizations & spheres of life and resulted in enhanced efficiently & effectiveness. Although the information revolution arrived in India in the 1990s, it has not reached the Indian judicial system with the same efficiency & effectiveness. The subordinate judiciary is still running on manual systems.
There is a general acceptance that Indian Judicial system suffers from case delay due to the use of antiquated methods. Nearly 2.8 crore uses are pending. Complete digitization of courts is long overdue. Due to lack of e-filing facilities, manual filing results in wastage of paper which subsequently impacts our environment.
It has repeatedly been suggested by judicial commissions & committees that a sound judicial management information system should be introduced in India. It will ensure case management; file management etc. and thereby reduce pendency. Courts In USA, Singapore are vastly digitalized.
In India, E-Justice has been considered as an organ of E-Governance. The Indian judiciary comprises of 15000 courts. Efforts for computerization have been going on since 1990. It has been named as an MMP (Mission Mode project). E-courts shall enable to achieve various objectives-to help the judicial administration in streamlining cases, to reduce pendency and cost of litigation, to provide databases, to ensure E- Filing, E – notices, producing witnesses through video conferencing, digitally signed court orders, digitalized ADR. The Supreme Court had recently launched an application for translating judgements into 9 languages. Tele Justice facility is also in use. The Honorable Supreme court had also provided for live streaming of courts cases of public and national importance by the case of Swapnil Tripathi V UOI. Recently, the Delhi High court launched 2 virtual courts to settle traffic challans.
During Covid-19 pandemic, courts in different parts of the world have resorted to video conferring and tele justice facilities to render justice. The Supreme Court in India also heavily relies on the same. The Chief Justice of India, Shri SA Bobde had specifically mentioned that “Technology it here to stay”. Justice Chandrachud recently remarked “ virtual courts is an attempt by the judiciary to make the citizens believe that we value your time.” Thanks to technology that the open court of different countries are able to function and are acting as a safeguard to protect the rights of citizens during the pandemic. The High Court of Delhi passed orders of bail while directing the accused to video call the investigating officer and send his pins on google map. In yet another such incident, the bar council of Kerala held the enrollment programme of the lawyers online.
Technology and innovation are ever evolving concepts. Artificial intelligence is an example of the latest innovation. Justice SA Bobde had proposed to use artificial intelligence in courts to help in better administration of justice delivery. However, he made it clear that AI will not replace human judicial prudence.
AI can be used to expedite the repetitive, mathematical parts of the judgments, granting bails, pardons and assisting the judges in delivering judgments. We need to overcome the threat of automation bias that AI poses, before the AI system is adopted.
Our Country has come a long way since the first step in 1990s. Modernizing courts and procedure will ensure speedy justice & enable litigants to approach the court without hazards. The government’s campaign of digital India will play an instrumental role in the same.
However, there are major roadblocks too.
DIGITAL ILLITERACY
The lack of literacy in the population has also acted as a bane in digitalizing the database completely. Virtual courts and its system is difficult to adopt for many lawyers. This leads to an imaginary demarcation between the privileged and the non privileged advocates in our country.
The researcher believes that complete digitization is not suited for the indian scenario unless the advocates are completely trained in this aspect.. Also, the small shops operating at Subordinate courts are likely to lose their livelihood in case of excessive dependence on virtual court.
THREAT TO OPEN COURT
Open courts implies that the public has access to witness court proceedings as a reporter, intern, spectator. Section 153B in CPC, section 327 in CrPC are legislative provisions governing the same. Digital courts curb this access to the public at large.
DEMEANOR OF WITNESS AND RECORDING OF FALSE EVIDENCE
Virtual hearings do not permit the judge to scrutinize the facial expressions and bodily movement that are extremely instrumental in ascertaining the truth. It may also pose threats of identity thefts.
The times of Covid-19 have made virtual courts the need of the hour. In order to practice social distancing, the physical courts have to be temporarily replaced. However, this shall not become the new normal in a country like India unless complete digital literacy is achieved and the disadvantages are adequately addressed. It is only then that we could say-“the next way forward is the tech way forward.”
Pic Source Financial Express
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