ABSTRACT
The COVID-19 pandemic compelled the Indian judiciary to fast transition to virtual courts. This research paper talks about how virtual courts were established in India mainly focusing on their implementation, advantages and limitations. It looks at how digitalisation has positively influenced case management, access to justice and general efficiency. Despite these benefits, this research paper also looks into certain major challenges related to the institutionalization of virtual courts in India like the need for better infrastructure and the digital divide. These issues must be resolved for virtual courts to successfully and fairly function across India. The paper offers important insights into how the Indian judiciary is adapting to new technology and further suggestions are also provided.
KEYWORDS
Virtual courts, e-filing, video conferencing, digital divide, data security, legal technology.
INTRODUCTION
The Indian judicial system which is known for its complexity and large number of pending cases faced a tough challenge to continue with its routine tasks during the COVID-19 pandemic whilst following the social distancing norms. The lockdown resulted in the adoption and implementation of virtual courts. The use of digital case management, e-filing and video conferencing in virtual courts became the solution for justice delivery during that time. This research paper aims to examine and provide thorough knowledge about the reshaping of the Indian Judiciary through virtual courts. Moreover, it will also address the advantages and limitations of making courts virtual.
RESEARCH METHODOLOGY
This study takes a qualitative approach and relies on secondary sources to conduct a thorough analysis of the institutionalisation of virtual courts in India. The research relies on secondary sources such as newspapers, journals and websites.
REVIEW OF LITERATURE
Technology has been a part of the Indian judiciary system even before COVID-19 but the pandemic just fastened the process of digitalisation while showcasing commitment to modernity and alternative approaches in order to maintain the justice delivery system even in tough times. There were several initiatives aimed at the digitalisation of Indian courts among which one of the first steps taken was the National e-Government Plan (NeGP)’s e-Courts Mission Mode Project in 2005. The main goal of the project was to supply citizen-centric services, such as case records and court proceedings administration in an effective and timely manner. The Hon’ble Chief Justice of India launched the e-Courts National portal (ecourts.gov.in) on August 7, 2013 as part of this project. This gave access to a cause list and case status details for over 2.5 crore cases (both decided and pending). Training materials were also made available for judicial officials via the e-Courts National portal.
The Supreme Court granted permission for marital matters to be heard via video conference in the case of Krishna Veni Nagam v. Harish Nagam (2017). In this case, the importance was shown of issuing certain directions which may give an alternative to seeking transfer of proceedings on account of inability of a party to participate in proceedings at a place away from their ordinary residence on the ground that if proceedings are not transferred it will result in denial of justice. Alongside summons, the court also came out with safeguards that can be ensured such as the availability of video conferencing facility. Due to this guideline, all High courts were instructed to schedule video conferences rather than transfer applications.
In another case of 2018- Swapnil Tripathi vs Supreme Court of India, the Indian Supreme Court ruled that the broadcasting of its proceedings to the public on constitutional and national matters was appropriate. It was also stated that this helps the public access their basic right to justice which is incorporated in Article 21 of the Indian Constitution, which protects the right to life and the protection of liberty. It was also said that technology solutions can be a tool to give the right to access justice and noted the possibilities of live streaming in letting the public see legal proceedings that they would not otherwise be able to access.
IMPLEMENTATION OF E-FILING SYSTEMS
Modernising legal procedures is shown in the Indian judiciary’s adoption of e-filing methods. Legal documents can be electronically submitted by lawyers and litigants using these technologies which speeds up and improves the efficiency of the process. Earlier, document filing could only be done physically through submissions in the court which involved long waiting periods and a lot of paperwork. However, now documents can be electronically filed at any time from any location with internet access because of e-filing. This is especially helpful for those living in distant places who previously had difficulties in travelling.
Also, digital submissions are automatically checked to make sure they are accurate and complete as e-filing systems are linked with case management systems to offer real-time updates which helps decrease errors. So, this helps in handling cases with greater efficiency, ease and relatively more speed. Both the parties and the judiciary save costs as a result of the switch to digital submissions. For example, the courts save money on handling and storage while the parties and lawyers save money on travel, time and printing costs. Furthermore, cutting back on paper use is good for the environment.
However, there are also limitations and obstacles in the way of the e-filing system as it does not come easy to implement a project that heavily relies on the internet in a country like India where there is no equitable access to the internet especially in the rural and underdeveloped areas. The success of such projects requires the government to invest properly in infrastructure and set up internet even in less developed areas for the people there to make use of such benefits.
IMPACT OF COVID-19 ON JUDICIAL OPERATIONS
Due to the COVID-19 pandemic, there was a sudden need for the judiciary to find an alternative approach in place of the physical courts for the delivery of justice and not halt the cases. Since it was not possible to continue in physical courts due to social distancing norms and lockdown so the only solution was to adopt virtual courts by video conferencing. This helped the judges, lawyers and parties to participate in the hearing online and it was supported by the e-courts Mission Mode Project which was already in place even before the pandemic. These virtual hearings were conducted using a variety of platforms like Zoom, Cisco Webex, and Microsoft Teams.
REPORT ON THE FUNCTIONING OF VIRTUAL COURTS
The Standing Committee on Personnel, Public Grievances, Law and Justice with Chairman Mr. Bhupender Yadav gave a report on the functioning of virtual courts on 11 September 2020.
Some of the following recommendations were made after assessing the functioning of virtual courts in India:
- Technology Access: The committee emphasised that many litigants and lawyers do not have access to proper internet with high speed or the necessary infrastructure to participate in virtual hearings. So, in order to address this issue, it was proposed that private organisations can become involved in providing video conferencing equipment to people who require it directly so that they can take part in courts online and that mobile video conferencing facilities should be built in rural areas also properly.
- Improving Internet Access: The committee recommended that the government should focus more on the National Broadband Mission in order to improve digital communication infrastructure and provide accessible as well as fairly priced internet connectivity.
- Digital Skill Development: The committee recommended that computer courses should be included in the syllabus for legal courses by the Bar Council of India and it offered statewide training sessions at court complexes to help lawyers gain the necessary digital skills.
- Supporting Lower Courts: It was found out that the lower courts struggle to make use of the virtual courts due to a lack of suitable infrastructure. The Committee requested that BCI should organise crash courses for lawyers and help individuals who are not well off economically or educationally (from underdeveloped regions) in gaining the necessary digital skills. It also proposed for public-private partnerships to fund the required investments.
- Also, the e-Courts project has made very less progress towards its goal of using ICT in all Indian courts. Thus, the Committee asked the Department of Justice to ensure that project goals are met on time.
- Improving Virtual Hearings: The Committee recommended examining courtroom layout and then accordingly modify hardware and software based on the Indian setting in order to improve virtual court sessions.
- Encouraging Transparency: To ensure transparency, the Committee proposed broadcasting virtual hearings in some cases that involve key constitutional issues or hold national importance.
PROGRESSION
The reason behind using virtual courts is to decide matters online remotely without having the need for parties or lawyers to physically appear in court. This idea has developed to make a good use of the court’s resources and give people a useful and quicker way to resolve minor conflicts and avoiding the long time a physical court in India might take.
A judge can preside over a virtual court that can operate at any time from anywhere with jurisdiction covering the entire state. A courtroom visit would be unnecessary for both the parties and the judge in order for the case to be heard and resolved. The whole process would be conducted online and penalties as well as any additional fines or payments would be completed online itself.
Currently, virtual courts can be used to settle cases where the defendant has voluntarily cooperated with the authorities after receiving an electronic summons or where the accused has proactively accepted their guilt. Once the fine is paid, these issues can be considered as resolved.
These are the following kinds of cases that can be practically heard and resolved through virtual courts electronically:
- Offences under Motor Vehicle Act (Traffic Challan Cases)
- Petty Offences where summons can be issued under Section 206
Over 4.59 crore cases have been handled by 25 virtual courts and in more than 50 lakhs cases, online fine of more than Rs. 520.93 crores have been realized till 29.02.2024.
These figures demonstrate the significant impact that virtual courts have had in addressing pending cases and generating revenue for the government.
BENEFITS OF A VIRTUAL COURT
A major giveaway from the epidemic has been the increase in the usage of virtual courts which has helped litigants, lawyers, judges and the government in many different ways. One amongst so many useful benefits is the ease with which everyone can seek justice. Participants in legal proceedings can save money by using virtual courts which also reduces the need for travel and other related expenditures. Additionally, they eliminate the need for huge investments in staff, infrastructure, security, court facilities and physical record-keeping.
Since virtual courts can work at any hour and have no time restrictions, they can help in decreasing the backlog of cases that are pending in the physical courts and help speed up justice administration. Also, since parties do not have to be physically present in court, it can be useful in problems like when one of the parties is sick, they can still attend legal proceedings online at their own convenience. They can also file complaints and submit court fees online. The Hussainara Khatoon verdict was especially important in proving people’s right to a speedy trial. It has established a specific framework to ensure that conflicts are addressed in a reasonable and acceptable duration of time.
Participating in the court process without having to be physically present amongst people can make the experience less traumatising and scary for some vulnerable groups like children and women victims because they can speak online from a more familiar environment or the comfort of their homes.Since this reduces anxiety, it might lead to increased participation, more accurate testimonies and more efficient justice delivery.
The usage of virtual courts makes the judicial system more transparent by displaying case statuses online and live streaming of proceedings that can be accessed from anywhere. This transparency boosts public trust in the judiciary and guarantees that justice is not only carried out but also seen to be done. Moreover, the open court principle which is addressed by a number of legislations including Section 153B of the CPC and Section 327 of the Criminal Procedure Code was also mentioned in the case of Neresh Shridhar Mirajkar Ors v. State of Maharashtra Anr wherein the Hon’ble Supreme Court’s constitutional bench went into great detail about this problem. Thus, virtual courts provide open court proceedings by allowing all parties and witnesses to attend at the same time from a convenient place with almost no expenses or time-related issues.
DISADVANTAGES OF A VIRTUAL COURT
- Internet connection: A big difficulty is the necessity for consistent and proper internet connectivity while participating in a virtual hearing. Many district courts in India lack enough infrastructure which causes disruptions during the trial. Poor connections, echoes and other technological issues can cause problems in proceedings and make it hard for everyone to take part nicely.
- Digital divide: The Digital India initiative aims to prioritise digital empowerment by expanding internet connectivity to remote areas. However, people from a lot of parts of India continue to lack access to technology and the internet. Reducing the digital gap is important in ensuring that virtual courts are accessible to all and that no group is excluded.
- Lack of Training: Another key difficulty is a lack of training for judges and lawyers on how to use the online platform for virtual hearings. Many legal practitioners are unfamiliar with the technology and do not possess the required digital skills resulting in inefficiencies and errors. So, to solve this problem, training programmes can be held to help the staff learn the same.
- Financial and technological investments: Virtual courts require significant investment and good technologies to protect against hackers and cyberattacks because court cases deal with sensitive and personal information which should be protected for to the Right to Privacy. Therefore, it requires investing into good quality technology which leads to more costs.
- Inclusivity and accessibility: Justice Chandrachud said that technology should encourage inclusive justice. However, virtual courts cannot completely replace open courts since many people still lack access to technology and internet. It is important to avoid the digital gap. Adopting virtual courts is a way to modernise the court system by making it more technologically advanced but it should at least be accessible to everybody.
SUGGESTIONS
To improve the working of virtual courts in India, major investments can be made in digital infrastructure especially in rural and underdeveloped regions. As also mentioned in the report by the committee led by Mr. Bhupender Yadav that establishing public-private partnerships is useful because it can help to ensure long-term maintenance and progress. Secondly, affordable internet access and digital gadgets like computers should be made accessible to lower class people to reduce the digital divide and to remove any hindrances in their way of seeking justice.
Comprehensive training programmes for judges, lawyers and court officials are required for the proper use of digital instruments and strict cybersecurity processes must be in place to make sure that sensitive or personal information is not leaked if the case is heard online. Additionally, user-friendly digital platforms that offer multilingual support and helplines can enhance the user experience and provide convenience.
Certain government policies are also required to modernise the framework in judiciary to support the hearing of cases in virtual courts. Proper monitoring and evaluation systems working over virtual courts can help in their successful functioning and also provide constructive feedback in order to continuously improvise. Also, broadcasting virtual court sessions can improve transparency and public trust. Initially, some projects can be tested on a smaller level to test if the Indian judiciary is able to nicely adapt digitalisation and then the same can be expanded based on experience, feedback and readiness amongst the public. This strategy can modernise the legal system by making it more accessible, efficient and equitable to everyone.
CONCLUSION
In summary, the transition to virtual courts in India amidst the COVID-19 pandemic has led to significant advancements and challenges in the judicial system. Virtual courts have proven useful and important in the continuation of working of the judiciary during the lockdown and ensured delivery of justice across the country even in a tough time. By making use of digital technologies such as video conferencing and e-filing, the judiciary has increased its case management abilities and accessibility for litigants and legal professionals. There are many more benefits but still many limitations exist for the same. Like, a big challenge lies in the need for proper infrastructure and reliable internet connectivity especially in rural and underdeveloped areas. The digital divide continues to discriminate and be an obstacle in equal access to justice through online platforms. Additionally, the adaptation of judges and lawyers to online platforms requires efforts in training and making them equipped with digital skills. Financial and technological investments are also crucial to protect virtual court hearings against cybersecurity threats and ensure compliance with data protection standards. Addressing these issues is very important to achieve the full potential of virtual courts in India and to uphold the principles of justice and transparency.
Moving forward, the recommendations from various committees show the importance of expanding digital infrastructure, enhancing internet accessibility and providing good training programs. Taking these steps is important to reduce the digital divide and make virtual courts a solution for all citizens and not just people who can afford it by themselves.
So, while virtual courts look like a big step towards modernizing the Indian judiciary but still many efforts are needed to overcome existing challenges. But in the end this step towards modernisation on becoming successful can result in increased transparency and efficiency in the Indian judiciary.
Vrinda Bhardwaj
O. P. Jindal Global University