India’s Chief Justice, N.V. Ramana, has recently voiced his concerns over the newly launched open court software used for virtual hearings in the Supreme Court. His primary issues stem from repeated disconnections and echoing voices during the hearings.
The Concept of Virtual Courts
Virtual Courts, also known as e-Courts, is an idea focused on eliminating the physical presence of litigants or lawyers in the court, allowing cases to be adjudicated online. This requires a reliable online environment and infrastructure supported by Information and Communication Technology (ICT).
In response to the coronavirus pandemic in 2020, the Supreme Court used its plenary power under Article 142, instructing all courts nationwide to extensively employ video-conferencing for legal proceedings.
Past Initiatives for ICT in Judiciary
In addition to these efforts, an Artificial Intelligence (AI) based portal named ‘SUPACE’ was introduced to the judiciary system by the CJI, aimed at aiding judges with legal research. The Supreme Court also released draft model rules for live-streaming and recording court proceedings.
E-court Project
The E-courts project finds its roots in the “National Policy and Action Plan for Implementation of Information and Communication Technology (ICT) in the Indian Judiciary-2005”. This project, implemented nationwide, is supervised and funded by the Ministry of Law and Justice’s Department of Justice for District Courts across India.
Benefits of E-Courts
The benefits of e-Courts are many. They assure easy accessibility to justice at affordable costs for all societies. They allow for quicker delivery of justice, provided the necessary logistics are in place. e-Courts can also enhance transparency and cost-effectiveness of service delivery mechanisms. Other advantages include facilitating data sharing between different courts and various departments and improving court processes and citizen-centric services.
Challenges Faced by Virtual Courts
Notwithstanding their advantages, virtual courts face some challenges. These include technical interruptions due to poor connectivity, echoes, and other disruptions during hearings. Other concerns include litigants’ lack of confidence in the process due to their physical absence from court proceedings. The threat of hacking and cybersecurity issues also loom large. Insufficient infrastructure and unavailability of electricity and internet connectivity in most of the Talukas/villages is another challenge. There are also problems with maintaining e-courts records as paralegal staff may be unequipped or poorly trained to handle documents or record evidence effectively.
Steps Toward a Better Future
Addressing data privacy and security concerns while developing a new platform for India’s judicial system is crucial. There is a need to update the infrastructure with adequate machinery and data connectivity for seamless virtual proceedings. It will also be helpful to develop a user-friendly e-courts system that the public can easily access, thus encouraging litigants to utilize such facilities in India. To spread awareness about e-courts, conducting talks and seminars can be an effective step. This will inform the public about the facilities and convenience that e-courts can provide.
Source: TH
