“The Chinese use two brush strokes to write the word 'crisis.' One brush stroke stands for danger; the other for opportunity. In a crisis, be aware of the danger—but recognize the opportunity.”–John F. Kennedy
Introduction
The COVID-19 pandemic is expected to cause a massive disruption to all the sectors in our country. A similar impact is expected to be felt by the legal sector of the country. Because of the risks associated with crowding in the courts, the Supreme Court of India and all High Courts have been temporarily closed. This time can be exploited by the Judiciary as an opportunity to develop a more inclusive system of justice and enable the use of advanced technology in the system. The burden of cases can be relieved off the courts by the setting up of digital courts. This article will give us an insight into the concept of a digital courtroom and its functioning.
What is a Digital Courtroom?
Digital courts can be considered as the courts using a remote operating system with the use of different tools and softwares. The digital court system attempts to do away with the physical presence of people in the courts so that the administration of justice doesn’t get delayed because of the unavailability of litigants or lawyers.
The basic purpose of this stage was to enable the use of Information Technology in the legitimate structure. This was done by outfitting courts with workplaces like PCs, web relationships through LAN and Wi-fi, and kinds of apparatus like printers, scanners, etc.
E-courts Project in India
This project was launched in 2005 to incorporate the use of technology in the Indian Judicial System. The same was divided into two primary phases:[1]
The phase-1 of this project was started in 2007.[2] The essential point of this stage was to empower the usage of Information Technology in the legal framework. This was finished by furnishing courts with offices like PCs, web associations through LAN and Wi-fi, and types of gear like printers, scanners, and so forth. The judges were also given laptops with internet facilities, and district court websites were made functional. These websites enabled the litigants to check the status of their cases online.
Phase-2 of this project was started in coordination with and cooperation of the National Informatics Centre, the Department of Justice, and the Ministry of Finance in 2014. The infrastructural model was changed and digitalization was done in the offices of DLSA (Delhi Legal Services Authority), NJA (National Judicial Academy), SJA (State Judicial Academy), and Taluka Legal Services Committee.[3]
A software platform known as CIS (Case Information Software) was created, using which all the court data could be uploaded. Video conferencing facilities in courts and jails were also provided. Mobile applications were also developed for the courts and judicial officers. Websites like e-Filing were made functional, through which litigants could file their cases from their homes, check the status of their case, and make court fee payments digitally.
Digital Courts in the Near Future
Digital courts will lead to the digitalization of the court system. The litigants and the court staff can use facilities like video conferencing, e-filing, etc. Digital courts can help in developing an interface in the courts for having a database of pending cases, orders, etc.
We need to analyze the possibility of such digital courts to achieve these ends shortly and need to predict how ‘near’ this future is. This can be done after we consider the advantages and disadvantages of the digital courts.
Advantages[4]
Digital courts provide an opportunity for the court staff to work from anywhere in the world. The parties and their lawyers, spread across in different states, can argue their case from the comfort of their homes. This enables both cost and time-saving.
The system of digital courts will help in eliminating unnecessary expenses in the courts such as paper, stamps security expenses, etc. The parties to the cases will not be required to be present in the courts physically, which will make the judicial procedures cost-efficient.
Digitalization of the courts would ensure accountability in the judicial system.
The biggest advantage of the digital courts is that it provides flexibility to the court to work at any time. Considering the enormous number of pending of cases in the Indian courts, the delay in justice crushes the faith people have in the justice system. With digital courts, the court proceedings can be done away with in lesser time, and resolution of disputes can be done promptly.
Disadvantages[5]
Technical glitches and connectivity issues
In the Speed Test Index, India ranked 128th in mobile broadband speed[6], which tells a lot about the state of internet connection speed in our country. For video conferencing, digital equipment like a standalone microphone, white lighting, and a desktop computer or a laptop is needed. A lot of lawyers and their clients may have plenty of connectivity issues while arguing their matters digitally.
Many people in the legal fraternity are not comfortable with technology
Many people in the world can’t be called tech-savvy, and even with the required help, might find it hard to make peace with the digital system during its initial stages. The constant hassle of muting and unmuting oneself in the Video Call apps may cause many lawyers to end up being frustrated and they may end up supporting the no-technology-in-courts movement.
Many people don’t have digital access
According to a survey, around 50 percent of Indians do not have access to the internet even when India is having the 2nd highest number of internet users in the world. A significant percentage of people having internet access may not have access to the essential digital setup to attend the online hearings.
Can Digital Courts replace Physical Courts?[7]
The Bar Council of India has repeatedly expressed its concerns regarding the lawyers being uncomfortable with virtual hearings and being unable to effectively present their arguments. The ability of understanding and communicating with the bench is another challenge to be addressed. The quality of technology needs to be good to ensure minimal disruption and an uninterrupted flow of communication. Smooth communication ensures a better understanding of arguments, which has a direct outcome on the result of the case.
Court procedures need to undergo a radical change for the introduction of digital courts after the COVID- 19 eras. There would be a need to train lawyers and court staff in the new style of proceedings and other aspects.
So, it can be said that it is unlikely that there would be a complete shift to a digital court system. The integration should be a gradual process, replacing court procedures in manageable chunks. It involves a change in culture, shifting the status quo to an altogether new system.
The courts can opt for a combination of the physical and digital court system. Using this method, the courts can take advantage of the best of both worlds - time and cost-saving, while ensuring justice.
Conclusion
We can say that every crisis brings us an opportunity to develop ourselves, an opportunity to protect ourselves from similar problems. Similar is the case of digital courts in India. We can say that the use of digital courts in India will only increase in the coming years. However, we can only achieve it if we figure out the disturbances which come in our way. For the development and advancement of digital courtrooms, the legal fraternity needs to upgrade itself. If the legal fraternity comes together, we can get closer to set up for what we call “digital courtrooms”.
[1]Brief on ECourts Project. 30 Sept. 2015, doj.gov.in/sites/default/files/Brief-on-eCourts-Project-(Phase-I-%26-Phase-II) [2]Tripathi, Akarsh. “Future of Virtual Courts in India after COVID-19 Crisis.” IPleaders, 13 Apr. 2020, blog.ipleaders.in/future-virtual-courts-india-covid-19-crisis/. [3]Tripathi, Akarsh. “Future of Virtual Courts in India after COVID-19 Crisis.” IPleaders, 13 Apr. 2020, blog.ipleaders.in/future-virtual-courts-india-covid-19-crisis/. [4]Tripathi, Akarsh. “Future of Virtual Courts in India after COVID-19 Crisis.” IPleaders, 13 Apr. 2020, blog.ipleaders.in/future-virtual-courts-india-covid-19-crisis/. [5]Khan, Uzair Ahmad. “What Happens as Courts and Tribunals Go Online - Opportunities and Challenges.”IPleaders, 6 June 2020, blog.ipleaders.in/courts-tribunals-online-opportunities-challenges/. [6]Arora, Devesh. “India Achieves 128th Rank in Global Mobile Broadband Ranking: Ookla.” English, 20 Feb. 2020, www.indiatvnews.com/technology/news-india-achieves-128th-rank-in-global-mobile-broadband-ranking-ookla-590737. [7]“Are Virtual Courts Here To Stay?” Legal Service India - Law, Lawyers and Legal Resources, www.legalserviceindia.com/legal/article-2847-are-virtual-courts-here-to-stay-.html.
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