eJudiciary - A Long Way To Go

To catch up electronically with the judiciary in the US and the EU, India has to cover the long mile

One of the real problems of courts in the US or in the European Union is preserving records. As more and more courts move to digital record-keeping, there needs to be a standard to ensure that future hardware and software will be able to view those digital files. Just as microfiche was used to replace paper copies, digital copies have replaced microfiche in many places. The U.S. National Archives & Records Administration (NARA) is planning to archive potentially billions of electronic government documents so that anyone, anywhere, anytime, far into the future, can access these records with the technology in use at that time. In addition to assisting government archiving, the new products and processes will benefit other archivists - including colleges and universities, libraries and archives, small businesses and large corporations.

Many courts have experimented with technology to assist in the decision-making process, primarily in the area of sentencing. Research into the everyday practice of judgement-processes is more likely to provide the indispensable basis of system, which judges feel is relatively natural to them.

The United States District Court for the Eastern District of Pennsylvania has long pioneered the emergence of electronic capabilities in case of processing, fiscal management, judicial administration and in courtroom proceedings. Courtroom technologies in this district were introduced as early as June of 1995, expediting the litigation process, providing increased security and reducing costs associated with court appearances or presentations.

In July of 1998, the Clerk of Court requested design and funding authorisation from the Administrative Office of U.S. Courts in order to introduce integrated electronic courtrooms as part of a multi-phase prospectus level renovation project at the U.S. Courthouse in Philadelphia. The request was approved and, as a result, district judge courtrooms, as well as magistrate judge courtrooms were outfitted with state-of-the-art technologies. In addition, expediting the litigation process, installation of the electronic capabilities during the courtroom retrofit resulted in substantial cost savings.

The first three electronic courtrooms were introduced in the fall of 2001 in the US. Additional courtrooms were brought online in 2002, 2003 and 2004. Currently, thirteen courtrooms have full electronic capabilities. Each includes technology designed to effectively manage and present evidence and testimony and support real-time court reporting. Components of the electronic courtrooms include; Integrated Document Camera Systems; Integrated Video Conferencing Systems; VCRs and infrastructure enhancements that support multiple serial connections; and, flat panel monitors with annotation capabilities placed throughout the courtroom for the benefit of the judge and jury, counsel and litigants, court staff and members of the public.

Hearings, trials, video depositions and video conferences have all been conducted in the electronic courtrooms. In one case, a trial was conducted using video conferencing technology with the presiding officer in Philadelphia and the parties participating from Istanbul, Turkey, 5,104 miles away. Video conferencing has also been used to conduct a trial with participants situated in Philadelphia and California, and the court also has made an electronic courtroom available to the U.S. Attorney's Office to conduct a preliminary pretrial proceeding with participants situated in London. Audio conferencing is another option that is being utilised more frequently. Audio conferencing was recently used during a sentencing hearing whereby the actual proceeding took place in Philadelphia and family members of the victims were able to listen to the proceedings live while remaining in their home country of Hungary.

New York, Washington, Pennsylvania, London and Paris have made a commendable progress in e-courts and technology innovations in the judiciary. The spirit is spreading like fire. It can be seen from the above that world is set for justice at the door step!

India - Generation Net:

The Internet Centre for Society mentions that Indian judiciary is facing mounting pressures to reform its apparatus. Even the judiciary itself has come to recognise, on the books, that change is long overdue. Some estimates have it that it would require almost three years to clear the current backlog of cases in High Courts. While technocrats herald that the enormous backlog of cases may eventually be the death knell for India's judicial branch, reform efforts must go beyond achieving the speedier delivery of justice and work towards tackling other inadequacies of the system if "access to justice for all" is to become a reality.

On the flipside, online case-filing services may unintentionally, due to cost or lack of awareness, erect further barriers to justice for individuals who traditionally remained outside the sphere of access.

This scenario sits quite polemic to visions of technology serving as a tool to empower individuals to better assert their rights and seek justice. Furthermore, India's judiciary has made several attempts to insulate itself from the provisions of the RTI act, indicating that new laws and even new technologies, may not be able to change practice. Without the basic building blocks, it is difficult to envision how a technology programme for the judiciary will be successful in bringing "justice" to all who are awaiting it. Such instances serve as a light warning that technology, even within a favourable legal framework, may not necessarily spell a more accessible, transparent and accountable justice system.

A well-functioning judicial system is required to keep up with the demands of modern democratic society. It is unquestionable that technology can play an influential role in ensuring that the relationship between citizens and the government is strong and communicative. However, it is important to ask under what conditions it may be beneficial to implement technology's use.

Whether technology will be appropriated to facilitate a more equitable justice system is unknown, but it is certain that such will require a coherent national reform strategy with long-term political backing. Short-sighted technological fixes may improve India's judicial efficiency in the short term, but may, however, overshadow opportunities to bring about a more transparent and accountable system in the long term.

Indian judicial system has still a long way to catch up electronically with US and EU.

'A Technologically Gifted Court' written by William Brunson states that, as judicial educators, it is important to know about the technological innovations that impact how court staff and judges interact with the public now and how they will interact with the public in the future. One of the most important aspects of a successful public court system is access to justice. Improving access benefits us all because it ensures that people won't seek to administer justice themselves. Whenever we talk about technology, it brings the future to mind.

Disclaimer-This article is the author's personal views and research from the internet. It does not reflect the company's views.