Online Courts in India: Enhancing Transparency and Speed in Justice



While we know how wonderful the Indian judicial system is and how fast justice is delivered in India, to tackle these issues and to make judiciary more transparent and make the process more trustworthy the Chief justice of India Mr Sharad Arvind Bobde has recently launched Artificial Intelligence (AI) based portal ‘SUPACE’ (Supreme Court Portal for Assistance in Court’s Efficiency) in the judicial system aimed at assisting judges with legal research.

It is conceptualized based on National Policy and Action Plan for Implementation of Information and Communication Technology (ICT) in the Indian Judiciary – 2005, it doesn’t mean that the AI will take decisions on its own, the system will collect all the relevant facts and data and also help the judges to retain facts and the rules which can be applied on certain conditions to make it easy for the judge to arrive at a decision. This will make the process of fact recognizing and articulating them easy and help the court decide on a particular time frame, with this the courts will be able to get to a decision very quickly, time bound decisions are now not a dream and with more efficiency speed can be achieved which will help the judges to deliver judgements faster and dispose the cases faster than the conventional way.

Since AI can learn with time, this will also customize the reports generated according to the liking and wants of the presiding judge, making it easier for individual judges to comprehend the case being addressed.

In light of the above development supreme court has release a draft model for Live-streaming and recording of court proceedings, the rules are part of the National Policy and Action plan for implementation of information and communication Technology (ICT), the draft covers live streaming and recording proceedings of supreme, high and lower courts and tribunals, by doing so the transparency would be increased and miscommunication will also decrease to a very large extend.

As a famous saying goes, if you make a law, you make sure that you make an exception to it to tackle extraordinary circumstances and that has been taken care of in this case, the live-streaming of the cases would not be done in case relating to matrimonial disputes, gender-based violence involving Minors and cases which may provoke enmity among communities in the opinion of the bench. The decision of the bench is not justiciable (which means that if the decision of the court is in favor of not making a live stream, the court's decision is final and binding; they cannot be sued on their decision). The proceedings would be archived for 6 months and may be permitted to reproduce or disseminate news, training, academic, and educational purposes.

While The live streaming proceedings are part of the right to access justice under Article 21 (Protection of Life and Personal Liberty) of the Constitution, however making a live-streaming can pose serious threats to the system as well, because of lack of manpower and due to low cyber literacy on a larger scale there is a chance of misusing this provision.

Though the step by the judiciary is lauded, it has to make proper arrangements to secure the recordings, despite many good provisions which prohibit misuse and sharing of the proceedings via any social media platforms, there are some challenges to be addressed on a larger scale.

However, the step taken by the judiciary in this direction was much needed; the pandemic has acted as a catalyst and made them adopt these changes much faster.


 

Sources:

The Hindu

Ecourts 

Brief by Department of Justice (PDF)

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