VIRTUAL JUSTICE SYSTEM IN INDIA AN OPPORUTNITY OR DANGER

Exploring the Virtual Justice System in India

Introduction to Virtual Courts

Virtual courts, or e-courts, are platforms where physical presence is not necessary, and all proceedings are conducted electronically using various software and technologies. This initiative was launched to minimize the need for human presence in courtrooms during proceedings. Although many believe that the advent of virtual courts in India was a direct response to the COVID-19 pandemic and the ensuing nationwide lockdown, the Indian government had actually embarked on this digital transformation back in 2007. This initiative was based on the "National Policy and Action Plan for Implementation of Information and Communication Technology (ICT) in the Indian Judiciary-2005."

Phases of Implementation

The project was executed in two phases:

Phase One: Focused on integrating ICT into the Indian judicial system. This phase was achieved by equipping courts with computers, laptops, internet access through LAN, necessary software, and other technological tools.

Phase Two: With the support and participation of the e-Committee, this phase involved digitizing infrastructure and developing various software and mobile apps to improve judicial processes, which are now accessible 24/7.

Impact During the Pandemic

The relevance of virtual courts significantly increased during the COVID-19 pandemic. Notably, after the lockdown was announced in March 2020, the Supreme Court of India transitioned to a virtual format. From the onset of this system on March 23 to August 20, approximately 1,021 benches were established, handling 15,596 cases and successfully disposing of about 4,300. During this period, nearly 50,000 advocates represented clients virtually.

Judicial Performance and Public Access

Reports suggest a drastic reduction in case disposals during the pandemic compared to previous years. For instance, district courts in India resolved over 12 lakh cases from March to August 2020, a significant drop from the monthly average of 12,34,071 cases in 2019 to just 3,67,962 cases per month in 2020. Despite this, the judiciary has shown exceptional commitment to its duties during challenging times. The simplicity and accessibility of the e-court operating system have made it a widely used tool in virtual India. Features like QR code scanning, a single portal system for the entire country, detailed case information, and frequent updates help users stay informed about their cases.

Advantages for Judicial Members

Judicial members benefit significantly as they do not need to travel long distances, which saves time and allows them to handle urgent matters even late into the night without the worry of commuting. This capability ensures that justice is delivered timely without risking the spread of the virus.

Cost Savings and Environmental Impact

Using virtual courts has led to considerable savings in court costs and reduced the environmental impact typically associated with traditional court settings. The 24/7 operation capability of e-courts helps address the substantial backlog of cases, thereby restoring public trust in the judicial process.

Challenges and Risks

Despite numerous benefits, virtual courts face challenges such as the authenticity of witness identification and the security of evidence presented. Confidential court processes are also at risk since they rely heavily on technology, which is susceptible to hacking. Moreover, many rural areas in India still struggle with technological literacy and network connectivity.

The Way Forward

As the world adapts to this 'new-normal,' relying more on technology, network connectivity in remote areas is improving. While there may be initial challenges in adopting new procedures, with time, these can be resolved and the technology updated to be more effective. Ensuring robust security measures to protect data from hacking is crucial for the sustainability and success of virtual courts.

In conclusion, addressing these minor issues and enhancing system security could make virtual courts a viable and efficient means to expand and improve India's legal community.