THE DIGITAL PILL FOR JUDICIAL MALADIES
Let’s welcome ICT as a tool for judicial reform
Pallavi Sharma*
We are in an age where we may delay our exposure to technology, but cannot evade it. Digital innovations and the ICT have revolutionized our interactions and altered our perceptions of distance and time. From virtual classrooms to electronic banking to tele-medicine, technology has made workflow efficient, more capable and transparent. But when it comes to the delivery of judicial services, we are still struggling.
Our judicial system today is crumbling under the pressures of increasing litigations, delay in disposal and a mounting backlog. Exacerbating the condition are the ageing, mostly manual, processes and practices of justice delivery followed in our courts. The overwhelming part is played by the discretion of lawyers, judges and court officials in deciding how fast or slow a case moves.
While ICT may not be a panacea for all ills, it could be our most viable option to reform the justice delivery system. Besides, automation of court processes and limiting the role of discretion is bound to improve the accountability of the system. Even something as simple as payment of court-fee online and accessing all pleadings and orders of one's case with an auto-generated unique id can go a long way in empowering the litigant and holding the lawyers accountable. Paperless filings and online certified copies of orders can further reduce the cost of litigation.
Simple facilities like dictaphones for judges, video recording and live streaming of hearings can revolutionize the system. Automation of cause list can make unjustified delays visible. E-delivery of summons and e-notification of upcoming hearings can further narrow the scope of unjustified adjournments.
As India is in the middle of a Digital Revolution tablets are replacing paper in the Parliament and e-governance is emerging as the mantra for the Executive. It is time the third pillar of democracy caught up with the rest. This special issue of Common Cause explores the immense possibilities that technology presents through the lens of all the key stakeholders, judges, lawyers, court officials and the common litigant.
The opening article is by Justice (Retd) G C Bharuka who was the first chairperson of the E-Committee of the Supreme Court of India. An authority on the subject, Justice Bharuka has authored numerous reports, papers and books on related themes. In his article, he walks us through the history of ICT implementation in the judiciary and the inception of the E-Courts project. Alok Prasanna, of Vidhi Centre for Legal Policy, discusses in depth the difference between pendency and delays. The issue also carries insights by Kavya Murthy and Ramya Tirumalai from DAKSH Legal, who go on to highlight the utter disarray of judicial data and expose the defects in judicial data management systems.
Indira Unninayar, a public spirited advocate, takes us through her perspective on video recording of court proceedings and shows how it can work wonders. Swapna, our Senior Legal Consultant, recapitulates the reports and suggestions by Law Commissions, courts and governmental committees to create the big picture of the reforms so far. In the end, our Senior Research Analyst, Anumeha, presents a slice of life from the ambitious 'Gram Nyayalaya' scheme, which is nowhere close to meeting its objectives.
It is our belief that in the wake of this digital revolution where internet users in the country have increased by nearly 49% percent over the last year to nearly 40 crores, the process of judicial reform cannot be imagined in isolation. We understand that technology may come with its own set of flaws but for all its pitfalls and expenses, it is the only viable option for a fast modernizing nation.
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*Pallavi is a legal consultant with Common Cause and is pursuing Master's in International Human Rights Law at University of Oxford.
