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Q. Highlighting the significance of e-courts in India, discuss the issues plaguing their functioning. Also, suggest some measures to improve their functioning.

Approach:

• Explain the concept of e-court.
• Briefly discuss the significance of e-courts.
• Enumerate the challenges of e-courts
• Mention the measures to improve their functioning.
• Conclude with a way forward.

Answer:

An e-court or electronic court means a location in which matters of law are adjudicated upon, in the presence of qualified judges and which has a well-developed technical infrastructure. In India, the e-courts Project was conceptualized under the aegis of “National Policy and Action Plan for Implementation of Information and Communication Technology in the Indian Judiciary -2005”.

Significance of e-courts:

• The primary intention of e-courts is to make the justice delivery system affordable, speedy, citizen-centric and cost-effective.
• E-courts help the judicial administration in streamlining their day-to-day activities and aid in reducing the pendency of cases.
• They automate the judicial process and provide transparency in accessibility of information to its stakeholders including litigants, advocates and judges.

Despite its benefits, the issues that plague the functioning of e-courts include:

• Lack of coordinated effort:

There is a lack of coordination and communication between. various departments such as law, IT etc., which hampers the functioning of e-courts.

• Lack of technical manpower:

The paralegal staff is not well-equipped to handle or record documents that are uploaded online.

• High upfront cost:

E-courts tend to be costly initially as setting up state of the art e-courts requires deployment of new age technology.

• Cyber security threats:

Since e-courts are conducted online, there is concern with respect to the cyber security aspects including data security and threat of hacking. Further, using a third party software will aggravate the threat.

• Inadequate infrastructure:

Non-availability of electricity and internet connectivity in the remote villages, restricts the access of justice to the marginalized groups.

• Lack of awareness:

Lack of awareness amongst litigants and advocates and their acceptance to the systemic change also dilutes the effective functioning of e-courts.

The measures which can be undertaken to improve the functioning of e-courts:

• Upgrading infrastructure:

The government needs to identify and develop the to support the setting up of e-courts in all talukas/villages, especially in the backward districts where infrastructure would be required.

• Investment in cyber security:

There should be deployment of a robust security system that provides secure access to case information for appropriate parties. Further, blockchain technology should be leveraged to improve reliability of evidence and security of transactions and to fortify digital security of case files.

• Capacity building of personnel:

They should be trained to maintain proper records of e-file minute entries, e-data, summons, warrants, bail orders, order copies, etc. Also, training sessions to familiarize the judges with the e-courts framework and procedure should be conducted.

• Increased awareness on e-courts:

Creating awareness around e-courts through campaigns and seminars can bring to light the facilities and the ease that e-courts can bring in.

It is critical to draw up a well-defined and pre-decided framework for seamless functioning of e- courts, as it can help in laying a concrete roadmap and direction to the e-courts scheme of India. Further, the challenges with respect to e-courts must be addressed, especially in the light of the COVID-19 pandemic, which has given an impetus to justice delivery through electronic means.