E - courts - Merits and Demerits

E – courts – Merits and Demerits

Introduction

An e-court is defined as a paperless court, wherein all the court procedures take place in a digital format. In an e-court, lawyers need not carry heavy books for the purpose of announcing the judgment. The verdict can be declared on the laptop screens.

In October 2014, an announcement was made by the High Court of Kerala, which stated that two e-courts would be established in the country.

Recently, the Union Cabinet headed by PM Narendra Modi, approved the second phase of e-courts mission project. The main aim of the project is to provide important hardwares and software applications. These applications would allow the courts to deliver the services to the citizens with the help of internet.

The Indian Judiciary consists of around 15000 courts throughout the country. The e-courts project is one of the e-governance projects, which is being implemented in the High courts or subordinate courts of the country.

But will the concept of e-courts, be successful in India? Let's have a look at its merits and demerits.

Advantages of e-courts

Information available – The main advantage of an e-court is that the entire information related to a particular case would be available online. It would be available to the attorneys, parties and the general public through the help of internet. The case details of more than 5 crore pending cases are available online.

Filing of documents – Registered attorneys can file their case document directly from their home or office. They do not have to worry about postage, traffic congestion or messenger services. They can create a docket sheet and update it immediately, when the documents are filed.

Easy access – With the help of internet, the documents of a case can be accessed easily from anywhere at anytime. Around 25 crore transactions have been already recorded relating to the online access of court information.

Better court management – E- courts would help in the computerization of work flow management in courts. Thus, it would help to create a better court and case management. Video conferencing facilities would be installed in every court complex. Evidence of eyewitness, who are unable to attend the court can be recorded through this method.

Data keeping – The information would not be misplaced as all the information regarding the case would be carefully recorded and stored. Data keeping would include maintaining the records of e-file minute entries, bail orders, warrants etc.

Security of the witnesses - In many cases, the witnesses are not able to come to the court and make their statement as the other party is too strong and scares them of the consequences. e-Courts can help in dealing with such cases.

Demerits of e-courts

Complicated process - E-courts in India is an endless and complicating process. The process of e-filing a document is a difficult process. All the evidence cannot be produced in a digital format.

Lack of techno legal expertise – Lack of techno legal expertise is the main reason for the poor status of e-courts in India. With the absence of techno legal expertise, electronic courts cannot be established in India. The country requires more techno legal e-court centers so that the project of e-court can achieve success.

Lack of funds – The project of e-court involves a lot of expenditure. It involves the use of a lot of computers and infrastructures. In the long run, e-courts may face the issue of lack of funds.

Chances of hacking - Hackers are getting stronger with every passing day. The possibility of e-Courts getting hacked in such a case can not be denied.

Conclusion

Electronic courts are an important part of the Legal ennoblement of ICT systems in India. The concept of e-courts comes along with a lot of advantages.

Establishment of e-courts can bring transparency and accountability in the judicial system as they can bring a lot more judicial reforms in India while helping in dealing with the long pending cases.