The Supreme Court has already taken suo motu cognisance of problems that may arise because of the disruption, and directed that it is not necessary for lawyers and litigants to physically file proceedings in various courts.As Coronavirus has upended the lives and livelihoods of billions of people across the board.The Apex Court passed directions for all courts across the country to extensively use video conferencing for judicial proceedings saying congregation of lawyers and litigants must be suspended to maintain the social distancing amid the Covid-19 pandemic.The top court which has restricted it's functioning and is conducting hearings through video conferencing since March 25th excercised it's plenary power and directed all high courts to frame a mechanism for use of technology during the pandemic.Because of the huge pendency in the Courts it is the necessity to use ICT(Information and Communication Technology). It needs an overhaul. Build on interim measures, leverage technology, and go back to fundamental principles.This is the time to ensure systemic legal reform.The vulnerable require particular attention.The matters will be disposed of in a fixed and timely manner. State institutions such as prisons, borstals(for juvenile delinquents), orphanages, nari nikatans (shelter for women) and lunatic asylum house captive populations which are susceptible. The State cannot be seen to be either negligent or increase the risk to people in its care. Instead, it must significantly decrease it. To deal with the need for distancing, the court has also asked every state to create a high-level committee to oversee the release of undertrials and convicted prisoners on interim bail and parole respectively.
This is also a good moment to utilise technology that dispenses with physical presence, makes life easier for litigant and lawyer, and helps enhance the quality of justice. A lot can be done — using multi-person video to hear all sides of an argument and relay it outside court for the public to hear; serving notice electronically, and tracking receipts; using speech to text applications to accurately record what is happening in court; creating common platforms across courts and geographies that are compatible with each other so that people who need access to various parts of the system get quick responses; and counselling and information through updated websites, helplines and phone-enabled apps. The technology is there and so is the money. But, often, the allocated resources are left unspent, thanks to lack of initiative and institutional apathy.
Before some times ago when this concept of e-court was ideated then many problems we were facing due to some technical glitches, lack of electricity and infrastructure of internet availability. It will change the optics and dynamics of court-room and will be conducive for tech savvy and next generation.The proliferation of e-courts on certain levels will be healthy as directed by Supreme Court and High courts, to use this technology in a robust fashion and to instill confidence among litigants and bar-council.For the successful implemented of this concept we should be well prepared for hacking and cyber security related threats by disruptive nuisance.In e-court one would be able to submit the scanned copy of evidences of dockets, so there can emerge malpractices.There is also imminent leakage in this concept.There can be privacy breach and some sensitive documents or confidential matters would be available so it will be also threatening for the people.There should be time frame allocation for cases accordingly.Its a good start but some challenges needs to be addressed.It can bring down the pendency level and it can be promising for legal reforms.Eventually it needs a robust, technology driven and well-equipped monitoring mechanism to deal with the technology related problems.One another thing is also required like trainings of all legal fraternity and peoples should also be fulfilled through a robust mechanism to make this move viable and prolific.Overall it's a welcome move in this period of health crisis.
Written by:Ashutosh K Verma
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