The Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice has recently submitted its report “Functioning of the Virtual Courts/Courts Proceedings through VideoConferencing”. This is the first report presented by a parliamentary panel on the impact of the ongoing pandemic.
The Pre-Covid-19 Era and the Use of Video-Conference
Prior to Covid-19, the video-conference (VC) setup was mostly used for conducting remand matters to prevent moving prisoners between courts and jails. The VC facilities were operational in 3,240 court complexes and 1,272 corresponding prisons. Additionally, in August 2019, the High Court of Punjab and Haryana initiated its first virtual court at Faridabad to manage traffic challan cases throughout the state.
Recommendations for a Full-Fledged Virtual Court
The report suggests that piloting a comprehensive virtual court should be prioritized. It also recommends continuing the use of virtual courts after the Covid-19 situation. The report proposes that transferring specific categories of cases, such as those related to traffic challans or other minor offences, will decrease the backlog of pending cases. As of now, there are approximately 30 million unresolved cases.
Benefits of Virtual Courts
Virtual/digital justice is an affordable and faster alternative, overcoming locational and economic challenges. Virtual courts are more citizen-friendly and provide more access to justice. Lawyers’ productivity would substantially increase given the absence of regular court visits and long waiting times. Expanding this practice to other civil cases could result in significant improvements in judicial efficiency.
Challenges Related to Virtual Courts
However, several stakeholders have pointed out that the existing infrastructure does not support virtual court proceedings. Out of all courtrooms, only 3,477 have facilities for virtual proceedings, while 14,443 are still lacking them. About half of the lawyers, especially in district courts, do not have access to laptops or computers and hence their participation in the virtual courts could be very less or non-existent. Also, a good number of judges are unable to conduct virtual hearings due to lack of both experience and the needed infrastructure. During peak hours, the system is susceptible to frequent crashes, and one glitch can disrupt the entire proceeding. There are also concerns regarding the privacy of data and confidentiality of discussions and court proceedings due to the use of third-party software applications, which potentially can be hacked and manipulated.
Suggestions for Improvement
It has been suggested that the infrastructure needs substantial updates with regards to machinery and data connectivity for smooth virtual proceedings. Virtual proceedings could be permanently extended to various Appellate Tribunals like Telecom Disputes Settlement and Appellate Tribunal, National Company Law Appellate Tribunal, etc. that are situated all across India and do not require the physical presence of parties/advocates. The Ministry of Law and Justice and Ministry of Electronics and Information Technology has been recommended to address data privacy and data security issues while developing a new platform for India’s judicial system.
e-Courts Project
The e-Courts Project was conceptualized based on the “National Policy and Action Plan for Implementation of Information and Communication Technology (ICT) in the Indian Judiciary-2005”. This project was submitted by the e-Committee, Supreme Court of India aiming to digitally transform the Indian Judiciary. The e-Courts Mission Mode Project is a nationwide initiative, monitored and funded by the Department of Justice, Ministry of Law and Justice for District Courts across India.
Way Forward
As India copes with health and economic crises, innovative thinking and mindset change about work-culture is necessary. The courtroom, which is typically seen as the last stronghold of outdated working practices, needs to embrace the latest technology. If vested interests are put aside and the collective will for initiating common good takes precedence, a virtual judiciary can become an integral part of the Indian judiciary.