e-Courts Project and Digitization of Courts

IN NEWS:

• Recently, Chief Justice of India welcomed the allocation of Rs 7,000 crore in the 2023–24 budget for Phase 3 of the e-Courts Project, saying it will enhance judicial institutions and efficiency.
• The Budget 2023 outlay for the third phase of the project is a mighty jump from the 639.411 crore rupees and 1,670 crore rupees spent in the first two phase.

WHAT IS eCourts PROJECT?

• The Government has launched the eCourts Integrated Mission Mode Project in the country for computerization of District and subordinate courts with the objective of improving access to justice using technology.
• As part of the National eGovernance Plan, the project is under implementation since 2007 for ICT development of the Indian Judiciary based on the “National Policy and Action Plan for Implementation of Information and Communication Technology in the Indian Judiciary”.
• eCourts project is being implemented in association with e-Committee Supreme Court of India and Department of Justice.
• Phase I of the project was implemented during 2011-2015.
• Phase II of the project started in 2015 under which 18,735 District & Subordinate courts have been computerised.
  • During Phase II of the eCourts project, one video conference equipment each has been provided to all Court Complexes including taluk level courts and funds have been sanctioned for additional VC equipment for 14,443 court rooms. 
• The phase II of the project is nearing its completion and DPR for e-Courts Phase III has been finalized and approved by eCommittee, Supreme Court of India.
• Phase III of the e-Courts project mentions a judicial system that is more affordable, accessible, cost-effective, predictable, reliable, and transparent for every individual who seeks justice or is part of the delivery of justice in India.

DIGITIZATION INITIATIVES UNDER THE eCourts PROJECT:

• Under the Wide Area Network (WAN) Project, connectivity has been provided to 99.4% (2976 out of earmarked 2994) of total Court Complexes across India with 10 Mbps to 100 Mbps bandwidth speed.
• Case Information Software (CIS) is based on Free and Open-Source Software (FOSS) which has been developed by NIC. Currently CIS National Core Version 3.2 is being implemented in District Courts and the CIS National Core Version 1.0 is being implemented for the High Courts.
• National Judicial Data Grid (NJDG) is a database of orders, judgments, and cases, created as an online platform under the Project.
• As part of eCourts project, 7 platforms have been created to provide real time information on case status, cause lists, judgements etc. to lawyers/Litigants through SMS Push and Pull (2,00,000 SMS sent daily), Email (2,50,000 sent daily), multilingual and tactile eCourts services Portal (35 lakh hits daily), JSC (Judicial Service centres) and Info Kiosks.
• 21 Virtual Courts in 17 States/UTs have been operationalized to handle traffic challan cases.
• New e-filing system (version 3.0) has been rolled out for the electronic filing of legal papers with upgraded features.
• National Service and Tracking of Electronic Processes (NSTEP) has been launched for technology enabled process serving and issuing of summons. It has currently been implemented in 28 States/ UTs.
• A new “Judgment Search” portal has been started with features such as search by Bench, Case Type, Case Number, Year, Petitioner/ Respondent Name, Judge Name, Act, Section, Decision: From Date, To Date and Full Text Search. This facility is being provided free of cost to all.
• Towards creating widespread awareness and familiarization of eFiling and eCourts services and to address “skill divide”, a manual on eFiling and a Brochure on “How to register for eFiling” has been made available in English, Hindi and 11 regional languages for the use of the lawyers. A YouTube channel has been created in the name of the e Court services with video tutorials on eFiling. 

ADVANTAGES OF DIGITIZATION IN COURTS:

• Ease of storage and preservation of files:
  • Digitization would improve storage and preservation of files because it requires a lot of space to store so many files physically, and it is difficult to manually preserve the decades-old documents.
• Improved file tracability and reduced risk of missing files: 
  • Another benefit of digitization is ensuring that these files are traceable electronically as and when required.
  • This is crucial, as the consequences of missing court records are grave.
  • For instance, In State of Uttar Pradesh v. Abhay Raj Singh, the Supreme Court held that if court records go missing and reconstruction is not possible, the courts are bound to set aside the conviction.
  • Thus, convicts can go free for lack of court records.
• Speedy disposal of cases:
  • The time consumed in summoning records from the lower courts to the appellate courts is one of the major factors causing delays in cases.
  • With digitization, it will take much less time for the lower courts to transmit the records as and when called for.
• Improved accessibility:
  • Once a lawyer or litigant files a case digitally, he or she can check the status of the filing, the status of applications and affidavits, the date of the next hearing, orders passed by the courts, etc. just by clicking on an app.
  • The lawyers and litigants benefit because they are no longer required to visit the court to know about the status of their cases.
  • For example, as part of eCourts project, 7 platforms have been created to provide real time information on case status, cause lists, judgements etc. to lawyers/Litigants through SMS Push and Pull, Email , eCourts services Portal,JSC (Judicial Service centres) and Info Kiosks.
• Virtual hearings:
  • Not every case can be disposed of virtually.
  • However, cases related to matrimonial issues and domestic violence, bounced checks, and 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.
• Ensure transparency and openness:
  • Digitization would be crucial in the live streaming of court proceedings.
  • In 2018, the Supreme Court allowed the live-streaming of cases of constitutional and national importance.
  • The livestreaming of court proceedings is a step towards ensuring transparency and openness.
• Emerging technologies to improve efficiency:
  • Digitization would facilitate the use of emerging technologies like Artificial Intelligence and its subsets like Optical Character Recognition (OCR) etc for analysis of case pendency, forecasting future litigation, etc.

CONCERNS AND CHALLENGES:

• Cyber security and privacy concerns:
  • Cybersecurity will be a huge concern in the digitization of courts, as sensitive and confidential information being stored digitally is vulnerable to cyberattacks.
  • With India still lacking a law on data protection, the digitization of judiciary is expected to trigger privacy concerns in the days to come.
• Infrastructure:
  • Challenges can erupt due to insufficient infrastructure and non-availability of electricity and internet connectivity in most of the Talukas/Villages.
  • Electricity and internet connections are a must, as are computers, to ensure justice reaches every section.
• Disparities in access to justice:
  • The digitization of courts can further deepen the existing disparities in access to justice for marginalised communities, particularly those without access to technology or who have limited digital literacy.
  • For example, according to the 'India Inequality Report 2022: Digital Divide' 8 percent of people under the "General" caste category had access to a computer or a laptop compared to 1 percent of Scheduled Tribes (ST) or 2 percent of Scheduled Castes (SC).
• Court staff and lawyers not well-versed with digital technology:
  • Judges, court staff and lawyers are not well-versed with digital technology and its benefits. 
  • Most of the paralegal staffs are not well equipped and trained to effectively handle the digitalized document or record evidence, and to make them readily accessible to the litigant, to the council as well as to the court.

WAY FORWARD:

• As judges, court staff, and lawyers are not well-versed with digital technology, it is the need of the hour for them to be made aware of it and receive adequate training.
• Political will and the support of judges and lawyers are crucial for the success of the digitization process.
• Virtual hearings cannot be a substitute for physical court hearings in all cases.
  • However, in appropriate cases and certain categories of cases, as identified by the court administration in consultation with the members of the Bar, virtual hearings should be made mandatory.
• Increasing awareness of e-Courts through speeches and seminars can help bring the benefits and convenience that e-Courts can provide in the limelight.
• To prevent the possibility of cyberattacks and the theft of sensitive legal information as a result of digitization, enhanced cybersecurity efforts are needed. Also, the data protection bill needs to be passed to ensure the protection of individual privacy in the digital space.

PRACTICE QUESTION:

Q. “Digitisation will ensure speedy, efficient delivery of justice”. Discuss.