How Technology Enhanced Access to Justice in India

Introduction

Historically, the Indian legal process has been complex and inaccessible to most, but this has changed in recent years, as mass technology enabled it to be accessed. The introduction of technology to the legal field is not only efficient but has also provided more access to legal services to the general public. This article discusses the different ways in which technology has improved access to justice in India, including consideration of case precedents, judgments made recently, and implications of such development.

E-Courts and Digital Infrastructure

With the introduction of e-courts to the Indian judicial system, a turning point is created in the judicial system of the country. The Government of India launched the e-Courts Project in 2007 with the ambition of delivering a user-friendly portal for litigants and lawyers to the public. This endeavor has resulted in the creation of a digital infrastructure that facilitates the electronic filing of cases, the monitoring of case status, and access to court orders judgments. For instance, in the case of K.K. In Verma v. Union of India (2020), the Supreme Court highlighted the significance of e-filing, advocating it helped alleviate the pressure on traditional court physical infrastructure and management substantially. The digitization of court files also has aided attorneys and claimants in obtaining the relevant documents hence to accelerate the legal process.

 

Legal Aid and Online Consultation Services

Technology has made an important contribution in the growth of legal aid in India. Many of the online networks now provide legal consultations, making it easier for people, particularly those of marginalized communities, to access legal advice without having to travel there in person. Sites such as Legal Services India and MyAdvo give access to the bar of the country, whereby any person can have access to a legal professional who can answer their queries on many kinds of legal matters. The case of M.H. Referring to the need of legal aid, education and representation, it has been noted in Hoskot v. State of Maharashtra (1978), that the debate has been repeated and underscored the need of legal assistance to those who are unable to afford it. The integration of technology in legal aid delivery has not only increased the supply of legal aid but has ensured that justice is not a right but a service for the poor.

 

Virtual Hearings and Remote Access

The COVID-19 pandemic expedited the use oF virtual hearings in Indian courts. The Supreme Court and other High Courts meanwhile responded quickly to the new reality, permitting cases to be heard by video conference. This change has not only maintained the operation of court proceedings during the pandemic, but has also created potential for the ease of litigants taking part in court hearings from a distance. The Supreme Court, in Swapnil Tripathi v. Supreme Court of India (2018), acknowledged the utility of transparency in judicial proceedings and permitted live broadcasting of the court proceedings. This historic decision has set the stage for broader public access to the justice system, because people can now view court hearings done remotely from their domicile.

 

Use of Artificial Intelligence and Legal Tech

Artificial Intelligence (AI) is fast bringing changes to the Indian legal fraternity. With AI-based tools, legal data of enormous scale can be examined, case results forecasted and legal professionals helped with research and drafting. Companies such as CaseMine and LexisNexis use AI to generate insights which can then be used to improve legal strategy. The story of Shayara Bano v. Union of India (2017) highlighted the importance of a evolving legal interpretation and AI can help to detect suitable past decisions and legal rules. Through technological means, the legal profession is positioned well to better advise clients and, in turn, improve access to justice.

 

Online Dispute Resolution (ODR)

Online Dispute Resolution (ODR) is a relatively new area of work in India that use technology to settle disputes without the heavy intervention of courts of law. ODR platforms enable negotiation, mediation, and arbitration in the Internet environment, thereby being faster and costlier than traditional mediation processes. The Supreme Court Mediation and Conciliation Project Committee has acted as a catalyst for ODR in India. In the matter of Afcons Infrastructure Ltd. v. Cherian Varkey Construction Co. (P) Ltd. (2010), the Supreme Court recognized the significance of alternative dispute resolution processes, which could be even bettered by means of technology.

 

Legal Awareness and Education

Technology has also been an important factor in driving legal awareness (lawyering) among the public. Various online resources, including legal blogs, webinars, and social media platforms, provide information about legal rights and remedies. Proactive measures, such as Nyaya Bandhu and e-Lok Adalat, are geared toward raising in the citizens the knowledge of their legal standing and the procedural options that are open to them for obtaining redress. The case of Vishaka v. State of Rajasthan (1997) brought to the forefront the need for legal literacy in the fight against social wrongs. Utilising technology to disseminate information about law, people are more empowered to use the justice system.

 

Challenges and Limitations

Although the development has been enormous, there are challenges in the adoption of technology in Indian legal system. In the justices system there are problems, such as digital illiteracy, internet connection in rural environments, and data privacy and security issues that are major obstacles to proper technology implementation.

The Justice Srikrishna Committee Report on data protection highlights the requirement of strong data protection legislations to ensure the privacy of persons having access to online legal services. The remediation of these issues is essential to make sure technology is available as a lever to improve access to justice for everyone.

 

Future Prospects

It is clear that technology has a role to play in the future of the Indian legal system. Continued investment in digital infrastructure, coupled with initiatives to promote digital literacy, can further enhance access to justice. The application of blockchain for secure transparent record-keeping and the application of machine learning with predictive analytics on legal outcomes are both promising areas worth investigating.The recent judgment in Indian Young Lawyers Association v. State of Kerala (2018) reaffirmed the need for progressive legal interpretations that align with contemporary societal values. With technological advancements, the legal system has to change in order that justice remains within reach of everyone.

 

Government Initiatives and Policy Framework

The Indian government has acknowledged the role of technology in improving the accessibility to justice and has undertaken various thrusts for digitalization in the legal domain. The National Policy on e-Governance is targeted at enhancing the effectiveness of government services, e.g., courts. The Digital India programme aims at transforming India into a digitally enabled society and a knowledge economy and this involves strengthening the legal structure.

The Legal Services Authorities Act of 1987 has been further amended to include technology in the delivery of legal aid services. The telematic configuration of e- Lok Adalats and the mobile apps as a support for legal advice are only two examples of how, technology is being used to facilitate access to justice.

 

Case Studies of Successful Implementation

A number of case studies are shown out portray the successful use of technology to improve access to justice in India. For example, the Delhi High Court has adopted an e-filing system, making it possible for litigants to submit their cases electronically, thereby eliminating considerably time and work required for the filing process. This system has been useful for people who otherwise may not be in a position to travel to court. An example is the Maharashtra State Legal Services Authority, which has developed a mobile application that details information about legal entitlements, accessible legal assistance, and status of cases. This initiative has empowered citizens, especially those in rural areas, to access legal information and services more easily.

 

The Role of Non-Governmental Organizations (NGOs)

NGOs have played a crucial role in leveraging technology to enhance access to justice. Organisations such as Prisoners' Rights Forum and Access to Justice have created online platforms that deliver legal advice, as well as related information, to disadvantaged groups. These platforms not only provide legal characters, but also through education inform people what the rights are and the legal processes to follow. The example of People's Union for Civil Liberties v. Union of India (2001) brought to the forefront the use of NGOs in pro bono work to defend the weaker segments of society. These organisations, using technology, can broaden the scope of their audience reach and offer much needed legal assistance.

 

The Role of Artificial Intelligence in Legal Research

Artificial Intelligence (AI) is changing legal research in India in ways that are more efficient and quicker. Classic legal research regularly entails dredging through massive corpora of case law, legislation and commentary, which is tedious and non-efficient. AI-based legal research tools can be used to read, sort, and understand examples of law, to find appropriate case law precedents, and even to help formulate legal arguments drawn from the particulars of a given case. Not only saves time to legal professionals, but also helps level the playing field with respect to legal knowledge.

Eg., Platforms such as CaseMine and LexisNexis are using AI algorithms to deliver insights on case law, and in so doing they are helping lawyers and litigants to unravel these deeper meaning of legal principles. In the landmark case of Shayara Bano v. Union of India (2017), the Supreme Court's decision to strike down the practice of instant triple talaq was informed by a comprehensive understanding of various legal precedents. AI tools could assist in such cases by quickly aggregating relevant judgments and legal opinions, thereby enhancing the quality of legal arguments presented in court.

 

Enhancing Transparency and Accountability

Technology has also been of a decisive role in improving transparency and accountability in the Indian justice system. The digitization of court records and the establishment of online portals for case tracking have made it easier for litigants to monitor the progress of their cases. This transparency further serves to prevent corruption and cause delay, as the very system is open to litigation, in case of undue delay or irregularity.

The landmark judgment of the Supreme Court in Swapnil Tripathi v. Supreme Court of India (2018) permitting live streaming of court proceedings towards higher transparency is a crucial step. When the public is allowed to watch court proceedings happen live, the court's role is to build upon a culture of openness, which will help more people have confidence in the courts. This project not only makes the judicial process less opaque, it also gives citizens a certain active role in the legal system.

 

Bridging the Urban-Rural Divide

Access to justice in India has been one of the greatest problems that exist, and this isâ€, specifically, the urban-rural dichotomy. There are barriers faced by a large number of residents in rural areas including transportation, lack of legal knowledge, and poor access to legal representation. Technology is capable of alleviating this gap by enabling access to legal services and legal information over distance.

Mobile apps and websites can provide legal information directly to ppl living in rural communities, giving access to get legal information and advice without having to go into an urbanized centre. On the one hand, initiatives such as the Maharashtra State Legal Services Authority’s mobile application demonstrate how technology can be used to bring rural citizens legal information about their rights and services at their doorstep.

 

The Importance of Digital Literacy

Although technology should be able to help facilitate access to justice, the role of digital literacy in this context must not be overlooked. There are likely many people, especially in rural areas who are not able to use online legal resources adequately. Hence, activities to enhance digital literacy is of great importance to guarantee that technology will be the means of empowerment instead of marginalization. Cooperation between government and non-government agencies is required to deliver training and resources to empower people to apply technology to their best advantage. Through the (fostering of) digital literacy, we can guarantee that legal system developments become available to all the citizens, regardless of their socio- economic profile.

 

Conclusion

Technology has played a major role in improving access to justice in India by, among other things, simplifying processes, enlarging legal aid services, and advancing awareness of the law. The convergence of e-courts, web based consultation, virtual hearings, and artificial intelligence (AI) enabled legal technology (AI-LT) has revolutionized the delivery of justice. Though challenges are still around there are active steps to deal with the issues and the willingness of the government, lawyers and NGOs to exploit the technology might lead to bring a more fair and effective justice delivery system. With India further embracing technological innovations, the dream of a fair and equitable legal system, available to all citizens, is coming to reality. The road to making fairer legal structures is still in progress and through further development and partnership the potential of access to justice for everybody in India can be achieved.

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ROHIT KUMAR

BHARATI VIDYAPEETH, PUNE