Context :
India
to soon have virtual courts that function round the clock
Extract :
India
will soon have virtual
courts that function round the clock to hear cases other than traffic e-challans.
According
to a report in The Times of India, the Ministry of Law and Justice has invited proposals from various sources
including judicial institutions, law universities, IIMs and IITs for a detailed
look into the matter. The proposals are to be submitted by August 1.
"The concept is aimed at reducing footfalls in the
courts by eliminating the physical presence of violators or
advocates in the court," the notice issued by the law ministry
read, according to TOI.
The notification further goes on to state the
functioning
of virtual courts will be overseen by virtual judges whose jurisdiction can be extended to the entire
state.
The working hours of the
judges may be 24/7.
"Neither litigant need to come to court nor
will the judge have to physically preside over the court “
As
a part of its action research programme, the law ministry often conducts
research studies involving reputable institutions for justice delivery. The
institutes that will be awarded the project will have to come out with “ innovative suggestions and proof of concept
based on extensive research studies that can be further extended to try other types of cases through virtual
courts “
Further,
a study proposal has been invited to assess the performance of commercial
courts and their adherence to deadlines for the timely disposal of commercial
cases.
“
More than 2.4 crore cases have been handled by virtual courts so far , and in
more than 33 lakh cases, online fines of over Rs 360 crore have been realized “
, said the Ministry
At present, the facility is available for
litigants to file complaints electronically through e-filing and also pay the court fees or
fine amount online.
The status of the case
can also be viewed. There are around 21 virtual courts in 17 states and Union
territories, currently
Meanwhile,
in an effort to increase efficiency in handling traffic e-challans, the Gujarat
High Court has designated 20 new Virtual Traffic Courts across the state.
The move comes after a proposal was sent to the
Gujarat government suggesting the creation of these courts, which will be
situated in various regions across the state.
These courts will handle e-challans remotely,
utilising the Supreme Court eCommittee's resources to ensure optimal
judicial productivity, according to the circular.
===================================================
MY
TAKE :
Ø Justice
delayed is Justice Denied ……………………… 12 Sept
2018
Extract :
If we want to reduce the average
“case disposal time “ from 6 YEARS to 6 MONTHS , we must do better than the Chinese – as follows :
· Launch online portal……..www.OnlineJustice.gov.in
…..having following features / pages /
User Interfaces :
# Who can register a litigation and how ( detailed
form to be filled in )
# What kind of complaints can be filed ( Eg;
property / divorce / fraud / loans etc )
# Time frame of hearings ( based on backlog at that
point )
# Search / Selection of “ empanelled lawyers “ ( with their fees tariff )
# Method of conducting “ Online Trial “ ( Audio – Video
Conference calls )
# Online payment of Court Fees / Lawyer’s
fees
# Who can “ watch “ the online trial and how ( Video broadcast ) and when
# Progress Chart as trial proceeds / Upload – Download of documents
# Court Room allotted (
by software ) to each litigation
Not
being limited by any “ Physical Constraints “ , it will be possible ( for the
software
), to open as many “ Virtual / Online “ Court Rooms as required
Only
limitation will be the Number of available Judges at any given time
Let none have doubts about the
ability of our Start Ups to design / develop and launch such a
portal within 6 months , whose “ Conceptual Frame Work “
could resemble ,
On Line Jobs
Fair
Software
Architecture For Online Jobs Fair
And
as far as finding 10,000 Judges to conduct “ Online Trials
“ from the comfort
of their homes ( and without imposing any “ Infrastructure Burden “ on the
State –except providing them with a fast broadband connection ) , I suggest that
we rope in retired judges on a “ Per Case Retainer “ basis ( paid into their Jan
Dhan accounts )
There
must be a “ Bonus cum Penalty “ formula to govern
the payments to the
Judges , depending upon the “ Actual Time “ taken to dispose off a given case as
against the “ Target Time “
( to be computed by Artificial Intelligent Software )
- based on historical data being continuously compiled for all the cases
, once the portal gets launched )
I
urge Chief Justice Hon Deepak Misraji to treat this email as a PIL
and “ direct
“ the NDA government to initiate action on this suggestion ( I cannot afford a
lawyer ! )
=================================================
Dear Shri Arjun Ram Meghwalji
( Minister for
Law / mljoffice@gov.in )
,
I urge you to publish my proposal on the website of your Ministry and invite comments from general
public
With regards,
Hemen
Parekh
www.hemenparekh.ai / 09
July 2023
Related Readings :
IBM’s New AI
System Can Compose Logical Arguments
https://research.ibm.com/interactive/project-debater/
https://peerj.com/articles/cs-93/
https://doj.gov.in/ [ Tele
– Law / Reaching the Unreached ]
PAST ( 18 ) E-MAILS sent to our Cabinet Ministers :
24x7
e-Courts ? …………………………………………………………….
14 Apr 2021
JUST
is the Answer .. ……………………………………………………..16
July 2021
Supreme Proposes : Can e-Courts dispose ? .. …………….28 Sept 2020
See You Out of Court ……………………………………………………[
11 Jan 2020 ]
AI come to judgement ? Not for a while !...................[ 17 Dec 2019 ]
Congratulations, Hon CJI , Shri S A Bobdeji…………………[ 07 Dec 2019 ]
Liar vs Liar ?..........................................................[
11 Jan 2019 ]
Justice delayed
is Justice Denied …………………………………[ 12 Sept 2018 ]
Says Prez : Make judgements easier to understand…….[ 01 Nov 2017 ]
Never file a Court Case ?...........................................[
30 Aug 2017 ]
An App called “ AdJourn “
………………………………………………[ 19 Aug 2017 ]
Justice Delayed - but not Denied……………………………………[ 24 Nov 2013 ]
Justice at Warp Speed ?............................................[
06 Mar 2012 ]
CC :
Ø Ashutosh
Modi ( IIT-K , Computer Science Department ) / ashutosh@coli.uni-saaeland.de
Ø Arnab
Bhattacharya ( IIT-K, Computer Science Department ) /
arnabb@iitk.ac.in
Prof. Kripa Ghosh
Indian Institute of Science Education and Research –
Kolkata / kripaghosh@iiserkol.ac.in
=============================================
I found an overwhelming support of my proposal from BARD ( 09 July 2023 ) :
The proposal to create online virtual courts is feasible and has the potential to speed up the delivery of justice in India. There are several reasons for this.
First, online virtual courts can help to reduce the number of pending cases. This is because they can allow cases to be heard and disposed of more quickly and efficiently than in traditional courtrooms. For example, online virtual courts can allow for multiple cases to be heard simultaneously, which can free up judges' time and allow them to hear more cases. Additionally, online virtual courts can make it easier for witnesses and experts to participate in hearings, which can also help to speed up the process.
Second, online virtual courts can make it easier for people to access justice. This is because they can allow people to participate in hearings from anywhere in the world, regardless of their location or ability to travel. Additionally, online virtual courts can make it more affordable for people to access justice, as they do not require people to travel to a physical courtroom.
Third, online virtual courts can improve the transparency of the judicial process. This is because they can allow for hearings to be recorded and made available to the public. Additionally, online virtual courts can make it easier for people to track the progress of their cases and to communicate with their lawyers.
Overall, the proposal to create online virtual courts is a feasible and promising solution to the problem of delayed justice in India. If implemented effectively, online virtual courts could help to reduce the number of pending cases, make it easier for people to access justice, and improve the transparency of the judicial process.
In addition to the points you have mentioned in your blog, here are some other potential benefits of online virtual courts:
- They can help to reduce the cost of justice by eliminating the need for physical courtrooms and travel expenses.
- They can help to improve access to justice for people with disabilities or who live in remote areas.
- They can help to protect the safety of witnesses and victims by allowing them to participate in hearings remotely.
- They can help to reduce the risk of corruption by making it more difficult for people to bribe judges or witnesses.
Of course, there are also some challenges that would need to be addressed in order to implement online virtual courts successfully. These challenges include ensuring that all participants have access to reliable internet connections, developing secure and reliable video conferencing platforms, and ensuring that the legal framework is in place to support online virtual courts. However, the potential benefits of online virtual courts are significant, and these challenges are surmountable.
I believe that online virtual courts have the potential to revolutionize the way justice is delivered in India. They can help to make justice more accessible, efficient, and transparent. I urge the Indian government to consider implementing this proposal as a way to address the problem of delayed justice.
===========================================
Added on 22 July 2023 :
Pending cases have now crossed 5 cr , House told / TOI / 21 July 2023
The total pendency in lower and district courts are at an all time high of 4.4 cr as on 14 July
There is no prescribed timeline for disposal of cases as courts continue to indulge absence of counsels and repeated adjournments.
The Centre, while responding to a question in Parliament on the burden on judiciary , on Thursday attributed several factors behind the increasing pendency , including,
# the LACK OF A TIME-FRAME for courts to decide disposal of cases ,
# LACK OF PHYSICAL INFRASTRUCTURE , and
# VACANCY OF JUDGES
Over 5,388 posts of Judicial Officers are vacant in lower courts and over 330 in HCs
Other reasons attributed by the Government include ,
# Complexity of cases involved
# Nature of Evidence
# Co-operation of Stakeholders viz; Bar - Invetigation Agencies - Witnesses -
Litigants
# Proper application of Rules
