Technology has great potential to streamline the
judicial system of India. Electronic courts (e-courts) are the most
apt example of the same. Clearly e-delivery
of justice in India is urgently needed. However, there are
many reasons
for the failure of e-delivery of justice in India in
general and e-courts
in India in particular.
Even the techno legal expertise needed to
successfully implement e-court project of India is missing. We have a
single techno legal e-courts
training and consultancy centre in India managed by
Perry4Law
and Perry4Law Techno Legal Base (PTLB).
In the past some steps have been taken in this
regard but they are grossly inadequate and clearly misguided.
E-filing of cases and documents is still missing and all that we have
are computerised courts. Till July 2012 we are still waiting for the
establishment of first e-court of India.
The latest development in this regard is the passing
of the Court Fee Amendment Act in May 2012 by the Delhi legislature.
The same has also received Presidential assent and a gazette
notification may be issued in this regard very soon. Once the Act is
notified, payment of court fee can be done electronically and online
filing of cases may be possible. But for the time being, e-courts in
India are missing.
Another cause of concern regarding successful
establishment of e-courts in India is the poor cyber security. Cyber
security in India is not up to the mark and cyber security
of courts and e-courts is not even contemplated. Insecure e-courts
can create more problems than solutions opine Praveen Dalal, managing
partner of Perry4Law and a Supreme Court Lawyer. Successful
implementation of e-courts project in India requires adherence to
multiple techno legal aspects that are presently missing, says Dalal.
Let us see how Indian government in general and
courts in particular would react to this position that is defeating
all the initiatives in this regard.
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