Exploring the Scope of Expansion for Virtual Courts as part of Indian Justice Delivery System

  • Monika Bhakta and V. D. Bhatnagar
  • Show Author Details
  • Monika Bhakta

    Research Scholar at Sangam University, Bhilwara, Rajasthan, India

  • V. D. Bhatnagar

    Assistant Professor at Sangam University, Bhilwara, Rajasthan, India

  • img Download Full Paper

Abstract

One of the most significant efforts in India for modernizing its judiciary through digital transformation has been the eCourts Mission Mode Project. A paradigm shift toward technology-driven adjudication has occurred in the Indian judicial delivery system with the introduction of virtual courts, which were especially expedited during the COVID-19 epidemic. This study offers a thorough examination of the state of virtual courts in India today, emphasizing its advantages, which include increased accessibility, decreased pendency, and cost-effectiveness. The study highlights the necessity for a balanced strategy that maintains procedural justice while utilizing technological improvements as it investigates whether virtual courts can take the place of conventional open courts. It examines the difficulties posed by virtual courts, such as the lack of adequate digital infrastructure, worries about data security, and the impact of the digital divide on those with limited resources. The research also evaluates the readiness of legal professionals and litigants to adapt to this shift. A digital hearing plan for the future is proposed, focusing on the integration of artificial intelligence, streamlined e-filing systems, and hybrid court models combining physical and virtual hearings. The study underscores the importance of addressing infrastructural and legal challenges to ensure the sustainability and inclusivity of virtual courts. The article concludes by advocating for a phased implementation of virtual courts, supported by robust legal reforms, capacity building, and stakeholder collaboration. By envisioning a future where technology complements traditional judicial processes, this research underscores the transformative potential of virtual courts in enhancing efficiency and accessibility within India's justice delivery system.

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 8, Issue 2, Page 4385 - 4392

DOI: https://doij.org/10.10000/IJLMH.119527

Creative Commons

This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

Copyright

Copyright © IJLMH 2021