Report
Virtual Courts in India: A Strategy Paper
Report content
Introduction Unlike just a few months ago, the vision of virtual courts in India no longer seems audacious. The COVID-19 induced lock-down of courts has given a flavour of the potential that technology holds to address a key concern –access to the judicial system, and thereby, justice. Combined with process re-engineering and optimisation of court processes, the Indian judiciary, both in its physical and virtual form, is staring at a future with immense possibilities in innovation and resolution of some of its long standing problems. At this turning point in the Indian judiciary’s history, Vidhi’s strategy document hopes to provide decision makers and stakeholders perspectives on how to approach the mammoth task of technology integration and adoption in an extremely complex system. This document stresses on the need for a systematic and scientific approach to technology integration in the judiciary. The strategy document is influenced by three key realities of the system as they currently stand: 1. Its immediate needs to keep the system accessible 2. Partial advancements made under the e-Courts mission mode project and the need to leverage rather than abandon them 3. Abysmal adoption due to technology aversion and/or lack of capacity. In this backdrop, the strategy paper identifies the following four actionable points in the immediate, medium and long term: 1. Journey from ODR platforms to Virtual Courts – Given that the existing ODR (Online Dispute Resolution) platforms are far more customised for the judiciary’s needs than any other ad-hoc solution that it has been forced to adopt, it is suggested that the judiciary invites functional ODR platforms to showcase their abilities and if found suitable, adopt them until in-house capacity is developed. Annexure A in the report contains a framework of guiding principles, concerns and system capabilities that the judiciary can use to test such platforms or any other technology offering under consideration. (Pages 9-11) 2. Steering Committee to evaluate solutions, standardise practices and institutionalise innovation- The current pandemic might finally nudge the judiciary in the direction of delineating administrative and judicial functions. The biggest shortcoming in the manner in which e-Courts project has been implemented is the lack of a permanent body to think, plan and act towards technology integration in a complex system such as the judiciary. The e-Committees have been dominated by judges with token representation from the registry and near nil representation from diverse domains of expertise such as technology, management, design and systems thinking, etc. The entire process appears to be opaque and non-consultative. The negative impact of such an approach is being seen and felt during the current pandemic induced lockdown of courts. (Pages 18-23) It will take a few months at the very least for the judiciary to return to functioning at its earlier capacity. Therefore, virtual courts with e-filing and VC (video conferencing) facilities will have to continue to exist alongside physical courts. Therefore, it is suggested that a Steering Committee be set up to assist the judiciary in identifying sustainable solutions for its immediate as well as long term needs. Such a committee will have to holistically think about adoption of strategies, legislative amendments, technology infrastructure etc. that would be essential to make access to justice feasible and viable. (Pages 24-25) 3. Principles Framework : The need for a dedicated authority for modernisation of the judiciary through technology must be balanced with the judiciary’s uncompromising need for adherence to certain principles such as transparency, fairness, accessibility etc. To this end, the report lays down an elaborate principles framework on three fronts – legal, technology and design, and data. These provide the foundation on which any technology for the judiciary can be considered and built. This section also lays down an elaborate adoption framework to guide the implementation strategy. (Pages 26-33) 4. Road-map towards Virtual Courts: A common factor in the e-Courts project implementation and the current pandemic induced technology adoption, is the lack of ‘systems’ thinking’ approach. Simply put, systems’ thinking is a holistic approach to analyse the manner in which a system’s constituent parts inter-relate and work over time, within the context of larger systems. To infuse systems’ thinking approach in judiciary, the strategy paper has given an overview of the judicial system along with branches within the registry which handle different stages in a case (mapped for a civil case). For each actor in the system to adopt any change, there needs to be a specific value or utility that they can derive through such a change. While e-filing and VC hearing capabilities have been given primary importance, and rightly so, this paper engages in a scientific evaluation of these choices. Different capabilities across the life-cycle of a case are mapped against four parameters – urgency , impact amongst stakeholders, feasibility of technology and viability in adoption. This exercise has culminated in a prioritisation framework for the judiciary to gradually develop capabilities to realise the vision of an end-to-end virtual court. Further, through an example of e-filing, the various challenges in phased implementation for each such capability is illustrated. The roadmap towards virtual courts also needs the setting up of a legislation backed authority to ensure the best of technology and the best of minds have a way of working for the unique needs of a complex system such as the judiciary without compromising on judicial independence. (Pages 34-40) It is to be stressed here that the strategy paper does not dwell into the details of the technology that the judiciary can ultimately adopt. The paper, as the title suggests, identifies the components essential to strategically make such decisions to ultimately realise the vision of virtual courts in India. Summary of online consultations on the draft paper held on 25th April, 2020 can be accessed here .
Report document
20200501__Strategy-Paper-for-Virtual-Courts-in-India_Vidhi-1.pdf
Authors
Deepika Kinhal
Former Team Lead, JALDI
Deepika Kinhal was the Team Lead of JALDI. Since 2017, she authored several data-driven research reports seeking to understand the systemic issues that plague India’s justice delivery systems. She has been a part of expert committees constituted by the eCommittee of the Supreme Court of India and NITI Aayog to improve justice delivery through technology, and has led engagements with multiple High Courts to study and improve their case and court management systems. She also appeared before the Parliamentary Standing Committees on Mediation Bill and Judicial Impact Assessment. At JALDI, she was focused on translating our research findings into tangible solutions and enabling evidence-based reforms in the judiciary. In this, she collaborated with experts from various domains and worked with similar minded organizations across the board. Her dream as an Indian citizen and a judicial reforms enthusiast is to have a modern, responsive judiciary that delivers quality, effective justice in a manner that befits the aspirational 21st century Indian. She graduated from NLSIU, Bengaluru in 2012. Before joining Vidhi, she practiced as a civil-commercial lawyer in Karnataka with Dua Associates, and as a real-estate and capital markets lawyer at Cyril Amarchand Mangaldas.
Ameen Jauhar
Former Senior Resident Fellow and Lead, ALTR
Ameen was a Senior Resident Fellow at Vidhi, and led the Centre for Applied Law and Technology Research (ALTR). His interest and research focus lies in AI ethics, and the governance of AI. Within ALTR, he has been leading the team's collaborative research on data trusts, and artificial intelligence. Ameen has also worked on the intersection of technology and the justice system, as a senior fellow working on the JALDI mission's engagement with the Supreme Court of India's AI and E-Courts' committees. Ameen has a formal educational background in social research methods and evidence-based policy. He completed his master’s programme from the Institute of Education (University College London), focusing on the use of research evidence in policy processes, and was awarded an MSc. with an overall distinction. Before this, he completed his undergraduate legal studies from the W.B. National University of Juridical Sciences [B.A. LL.B. (Hons.)] in 2012. Prior to Vidhi, Ameen worked at J. Sagar Associates, in the firm’s regulatory and policy team. He has practised in the Supreme Court of India, the Delhi High Court, and numerous tribunals.
Tarika Jain
Former Senior Resident Fellow
Tarika was a Senior Resident Fellow with the Health Team at Vidhi. She has also previously worked with the JALDI initiative and the Climate & Ecosystems Team, where she researched on efficiency, accountability and transparency in the judiciary with an empirical lens. She has written for leading journals and newspapers like Economic and Political Weekly, the Economic Times and the Indian Express. Tarika graduated from Gujarat National Law University with B.A. LL.B. (Hons.) in 2017 and has completed her postgraduate studies in Public Policy from University College London in 2021. She enjoys anime and rock music.
Vaidehi Misra
Senior Resident Fellow
Vaidehi was a Senior Resident Fellow working in the area of Judicial Reforms. She has a B.A.LLB. (Hons.) degree from Jindal Global Law School, Sonipat and an LLM from the University of California, Berkeley with a focus on jurisprudence and social policy.
Aditya Ranjan
Former Research Fellow
Aditya was a Research Fellow working in the area of Judicial Reforms. He graduated from the Institute of Law, Nirma University, in 2018. Prior to Vidhi, he worked in Jharkhand as a Policy Consultant for a regional political party, where he tackled issues pertaining to environmental law, forest rights, election laws and local self-government. He has previously interned with Newslaundry, Childline India Foundation, the Rethink Aadhaar Campaign and with Adv. Nitya Ramakrishnan. While working in Jharkhand he has authored a critique on the implementation of District Mineral Fund in the state. He enjoys collecting stamps and expressing himself through slam poetry.
Chitrakshi Jain
Former Research Fellow
Chitrakshi Jain was a Research Fellow with the Judicial Reforms vertical. As a member of the vertical, she worked on issues such as judicial planning, transparency in the judiciary and the way the office of prosecution works in the criminal justice system in India. A 2014 graduate of NALSAR, Hyderabad she was working as a research associate for the Centre for Social Justice, Ahmedabad prior to joining Vidhi. Interested in pursuing research that lies at the intersection of law and social sciences, she completed her Masters in Politics from the University of Delhi.