Digitalization is the process of leveraging digital technology to improve the efficiency and reach of business processes. In today’s scenario, digitalization has become omnipresent in the lives of every person on this earth. Digitalization has made \our lives very accurate and faster in terms of getting news that we find in the newspapers every morning to the payment of our dues and bills, also chatting with our connected and loved ones. Nowadays, people can easily connect with each other over video calls and chats. Thanks, to digitalization. Most of the readers have heard from their elders about comparison of this era’s digitalization with their earlier times. We can only recite this song for the kind of comparison, i.e., Chhod aye hum wo galiyaan…!!!
The main intention to write this article is to throw light on nuances and benefits of use of digitalization in our judicial system in this pandemic COVID-19 situation and in future upcoming times. Our respected Prime Minister, Mr. Narendra Modi also insisted on Digital India which is a flagship program of the Government of India with a vision to transform India into a digitally empowered society and knowledge economy.
As it established that every new technology is helpful in some way or the other and has effects on the lives of everyone. Likewise, digitalization can be helpful in our judicial system’s functioning in the following ways as enumerated below:
One caveat fits for this pointer, i.e., Not only must Justice be done, it must also be seen to be done. By digitalization in judicial system, person who is not able to attend court dates physically, can attend it virtually from his convenient place and can make himself acquainted about what happened in his case at a particular Court date.
This is the crucial point! If we go by digitalization, then one thing is sure that natural resources can be saved and litigant who are residing in other states whose case is running in other state, can direct their energy in other productive works which will ultimately result in uplifting the economy.
If we give insight on present judicial system technology infrastructure in court, there we can find that CCTV cameras are installed and scanning our faces, cases status and history are shown online on their website as well as on e-Court app, etc. In short, digital infrastructure is there. What we need is will and efforts to make it succeed. Do we have ever thought that we will be locked down in our own house for more than 5o days but we have survived and succeeded it effectively likewise, at initial level of digitalization, we will surely face some difficulties but there’s always rays hope awaiting at the end of the tunnel..
Absolutely!!!Most of us know how global world behave in terms of digitalization and judicial system are also not left behind it. If we go by digitalization of judicial system, we also get recognition in eyes of global world which in the end will help our country in long run.
We cannot deny that corruption is imbibed in most of the systems and judiciary is not an exception to it at all. By digitalization, there are fewer chances of human interactions and everything is going to be recorded virtually which will create atmosphere of watchdog in the mind of people involved in the judicial system’s functioning.
This is the prime importance of digitization of any system. We all know that record management exercise is time consuming and cumbersome. With help of digitalization, record management function can become easy and simple; this will surely give quality in justice delivery function.
There are many memes and jokes circulated nowadays in the country about how our justice delivery system functions and how many cases are pending in the Courts. There will be considerable pressure of pending litigations and new litigation on the judicial system, after the Courts resume normal functioning from this pandemic Covid-19 situation. With assistance of digitalization, there will be speed up of justice delivery and time & energy can be saved.
However, some important points need to be kept in mind to make digitalization of judicial system efficacious like imparting training to advocates and court staff in the conduct of proceedings through video conferencing; it should not be violative of the norm of “procedure established by law” prescribed under Article 21 of the Constitution which the Supreme Court has construed, through numerous decisions, to abide “due process of law” and amendment of certain acts like CPC, CrPC, Information Technology Act and other related Acts and/or rules for justice delivery in line with requirements of digitalization.
Disclaimer: The entire content of this article is author’s own understanding & personal views. This is only a knowledge sharing initiative and author do not in any way intend to solicit any business or profession.
About the author: CS Dharmesh Vankar, Vadodara, Gujarat | E-mail: [email protected] | (M) – 95589 30408