Development in the technological sector has increased ease and accessibility manyfold. Many nations have also adopted the use of modern technology for national and legal purposes. The Indian government is now using technology to go paperless, from applying for birth certificates to filing a death certificate, and the courts of law are also not lagging behind.

The accessibility of justice, which is a fundamental pillar of democratic societies, faces both opportunities and challenges in this digital age. The convergence of law and technology has completely transformed the landscape of legal services. The Indian judiciary has long struggled with a significant backlog and pendency of cases.

To address this issue and speed up the delivery of justice, the judiciary is incorporating technologies in the courts, as seen in policies like Digital India and eCourts. The courts in India are gradually moving towards the concept of eJustice. However, this also raises concerns about digital disparities, data privacy, and the ethical implications of automating certain aspects of the justice process.

Introduction
In the 21st Century accessibility of the internet has become effortless, and many nations have embraced the utilization of modern technology. Governments have transitioned to paperless systems, employing technology for tasks ranging from applying for birth certificates to filing death certificates. In an era distinguished by swift technological progress, the convergence of the legal system and digital technology has arisen as a pivotal focal point. The availability of justice, an essential cornerstone of democratic societies, encounters both unparalleled prospects and obstacles in this digital era.

Justice accessibility, which traditionally asserts that all individuals have the right to seek legal redress irrespective of their socio-economic status, is poised to undergo a digital revolution. The global community has widely recognized the significance of ensuring access to justice, as demonstrated by various international instruments such as the International Covenant on Civil and Political Rights and the Universal Declaration of Human Rights.
Access to justice is a fundamental right stated by the Hon'ble Supreme Court in Anita Kushwaha v. Pushap Sudan (2016) 8 SCC 509.

The court determined that even in the absence of provisions in Section 25 of the Code of Civil Procedure, 1908, Section 409 of the Code of Criminal Procedure, 1973, the Jammu and Kashmir Code of Civil Procedure, 1977, or the Jammu and Kashmir Code of Criminal Procedure, 1989, the Supreme Court possesses the authority under Articles 32 and 142 to order such transfers in appropriate cases in the interest of the public and to ensure complete justice.

The court reached this conclusion after being convinced that the denial of such transfers would amount to a violation of the right to access to justice, which is guaranteed under Articles 21 and 14. This right serves as a fundamental pillar of a just and fair society, as it enables individuals to seek and obtain remedies when their rights are violated. Access to justice also plays a crucial role in promoting transparency, accountability, and upholding the rule of law within governance.

By granting individuals access to legal resources and mechanisms, they are empowered to protect their rights, peacefully resolve disputes, and seek redress for any harm they have suffered. Hence, ensuring widespread access to justice is of utmost importance for protecting human rights, advancing social justice, and fostering a harmonious and stable society

The Indian judiciary has been grappling with the persistent issue of a substantial backlog and pendency of cases for a considerable period of time. In an endeavor to mitigate this problem and expedite the dispensation of justice, the judiciary is endeavoring to integrate technological advancements within the court system, as evidenced by initiatives like Digital India and eCourts.

The courts in India are progressively embracing the notion of eJustice. Nevertheless, it is imperative to exercise prudence and circumspection during the implementation of technology within the courts and the justice-delivery system. A sudden and hasty deployment of technology within the courts may inadvertently exacerbate societal disparities through the digital divide.

The Rise of E-Courts

There are numerous obstacles that hinder individuals from accessing justice, including financial limitations, limited legal knowledge and literacy, geographical constraints, language and cultural complexities, as well as biases and discrimination prevalent within the legal system. E-courts serve to streamline the management and processing of cases, offering litigants a means to seek justice through electronic platforms. This technological advancement aims to improve the organization of court proceedings and ensure accessible justice for all parties involved.

E-courts have become an essential element of legal systems in numerous countries. In particular, in economically disadvantaged nations facing challenges related to limited judicial resources and infrastructure, e-courts have demonstrated their potential. Furthermore, during the COVID-19 pandemic, e-courts have played a crucial role in providing a means to sustain judicial proceedings while mitigating the risk of virus transmission.

High-technology courtrooms exist, and virtual courtrooms are possible because lawyers and judges continuously deal with data. Virtual courts aim to eliminate the presence of lawyers and litigants in physical courtrooms, instead resolving cases through a virtual platform or digital means. The entire process of initiating legal proceedings is conducted via an electronic platform. These virtual courts have jurisdiction over the entire country and are accessible and operational 24/7. They are primarily overseen by judges.

The E-Court initiative in India strives to provide litigants with efficient and transparent services. The system enables electronic filing, case management, and online access to case information. Furthermore, the initiative has introduced virtual court hearings and video conferencing, which have effectively reduced delays caused by geographical distance.

E-Courts In India (E-Courts Mission Mode Project)

The eCourts Project was based on the "National Policy and Action Plan for Implementation of Information and Communication Technology (ICT) in the Indian Judiciary – 2005". The primary aim of this project is to bring about a revolutionary transformation in the Indian Judiciary by incorporating ICT into the functioning of courts. The eCommittee, a government-appointed body, was established in response to a proposal from the Chief Justice of India to create an eCommittee that would aid in formulating a National Policy on the computerization of the Indian Judiciary and provide guidance on technological communication and management-related changes.

The eCourts Mission Mode Project is a nationwide initiative that is supervised and funded by the Department of Justice, Ministry of Law and Justice, Government of India. Its specific focus is on the District Courts across the entire country.

The project aims to ensure efficient and timely delivery of citizen-centric services as outlined in the eCourt Project Litigant's Charter. It aims to automate processes to enhance transparency in the availability of information to all stakeholders. The project also aims to improve judicial productivity in both qualitative and quantitative terms, with the ultimate goal of making the justice delivery system affordable, accessible, cost-effective, predictable, reliable, and transparent. This project was carried out by the court in 2 phases as follows:

Phase I:
Phase I of the eCourts Project commenced in 2007, during which a significant number of Court Complexes, Computer Server Rooms, and Judicial Service Centres were prepared for the computerization of the District Courts. The District and Taluka Court Complexes that were included in Phase-I underwent computerization through the installation of hardware, LAN, and Case Information Software (CIS), with the aim of providing fundamental case-related services to the litigants and the lawyers.

Phase II:
The Policy and Action Plan Document Phase-II of the Ecourts Project was approved by the Honorable Chief Justice of India on January 8th, 2014. The government of India sanctioned the project on August 4th, 2015. In Phase II, the courts that were previously covered are now equipped with additional hardware, with (1+3) systems per courtroom. The courts that were not covered in Phase I and the newly established courts are equipped with (2+6) systems per courtroom. The court complexes are also provided with hardware and LAN.

On the 7th of August 2013, the esteemed Chief Justice of India inaugurated the e-Courts National portal, ecourts.gov.in, as part of the eCourts Project. Currently, over 2852 Districts and Taluka Court Complexes have established their presence on the NJDG portal, ecourts.gov.in, and are offering online access to Case Status and cause lists. Additionally, many of these courts are also uploading orders and judgments.

The NJDG currently holds data on over 7 crore pending and disposed of cases, as well as 3.3 crore orders and judgments from District Courts in India. It is regularly analyzed to provide meaningful assistance in policy formation and decision-making. Furthermore, the NJDG functions as a comprehensive national data warehouse for case data, including orders and judgments, from courts across the country, with complete coverage of District Courts.

Comparison of E-Courts with Traditional Courts in terms of Access to Justice

Access to justice is a fundamental right, and it is crucial for the proper functioning of a democratic society. Courts play a significant role in ensuring access to justice by resolving disputes and providing legal remedies to aggrieved parties. With the advent of technology, electronic courts (e-courts) have emerged as a new alternative to traditional courts.

Traditional Courts

Throughout the generations, the pursuit of justice has primarily involved resorting to court proceedings. Within the conventional court system, disputing parties present themselves before a judge who attentively listens to their arguments and ultimately delivers a verdict. Traditional courts are typically housed within a courthouse, requiring litigants to physically attend court sessions. However, it is worth noting that traditional courts are not always conveniently accessible. Additionally, traditional courts can be intimidating, especially for individuals who are unfamiliar with the legal system. This may discourage individuals from asserting their legal rights, potentially leading to injustices.

E-Courts
E-courts are an emerging alternative to conventional courts, utilizing technology to facilitate legal proceedings. Operating entirely online, e-courts enable litigants and judges to communicate through electronic platforms. They offer a range of services, including online dispute resolution, electronic document filing, and virtual hearings. One of the primary advantages of e-courts is their accessibility from any location with an internet connection. This allows individuals residing in remote areas or those unable to physically attend court to still access legal services. Moreover, e-courts provide a less intimidating environment compared to traditional courts, potentially motivating individuals to actively pursue their legal rights.

Access to justice at the time of the Pandemic

One of the greatest difficulties the human race has ever faced since World War II is COVID-19, also known as the Novel Coronavirus. The courts reacted and established new procedures for the courts to follow. This included restricting the number of attorneys in the courtrooms, sterilizing them between sessions, requiring temperature checks at the court entry, and maintaining social distancing on the court grounds.

Yet, is crucial to acknowledge that access to justice cannot be denied. Detention measures have not completely halted the operations of the courts. However, prolonged closure of the courts results in a backlog of cases and delays in the administration of justice. Restrictions on economic activities may directly affect the filing of civil complaints, and delays in witness statements and interrogations can lead to extended detention periods for accused individuals.

As Justice D.Y. Chandrachud aptly stated, regardless of governmental actions and restrictions, it is the duty of civil, criminal, and constitutional courts to protect citizens' rights and ensure governmental accountability under the Rule of Law. Consequently, an investigation was promptly initiated to establish a method through which courts could continue functioning during the lockdown.

As part of the National Policy for ICT enablement of the Indian Judiciary, longstanding efforts were undertaken to test the E-Courts Project. Video Conferencing hearings were promptly initiated, beginning with the Supreme Court and subsequently extending to the High Courts and District Courts. The legal fraternity's ability to adapt to this technology and utilize the hardware and software at the judiciary's disposal is a testament to the infrastructure that has been established over the past months.

Video Conferencing
The Supreme Court of India has issued a directive to all Courts across the nation, urging them to make extensive use of video conferencing for judicial proceedings in response to the COVID-19 pandemic. Utilizing its plenary power under Article 142 of the Constitution, the Supreme Court has mandated that all High Courts establish a mechanism for the use of technology. To adapt to the lockdown measures, the Supreme Court released a Standard Operating Procedure on April 15, 2020, for the filing and listing of urgent matters, with hearings now being conducted through video conferencing. High Courts in different Indian States have designated special courts for this purpose. Litigants are exempt from paying court fees and are allowed to directly present extremely urgent matters to the court without filing a proceeding.

Initially, the use of video conferencing posed a significant challenge for experienced arbitrators and senior counsels due to their limited exposure and proficiency in this domain. However, with time, the community of arbitrators and litigators has become more familiar with conducting hearings via video conferencing. The examination of witnesses through this medium is a complex task that demands meticulousness and utmost care to ensure that no one prompts the witness during the examination. Currently, hearings scheduled for witness examinations have been effectively adjourned as lower courts lack the necessary expertise and sophistication to handle such matters.

e-Filing
Electronic Court Filing (ECF) is the solution that facilitates communication and data exchange between systems or entities participating in the e-filing process. The primary system utilized to prepare and submit court filings electronically is known as an Electronic Filing Service Provider or EFSP.

One of the foremost benefits of electronic filing is its unparalleled convenience, as it remains accessible 24 hours a day, 7 days a week. Court fees can be paid from the comfort of one's office or home using a credit card or Internet banking. Another advantage is that a well-designed e-filing system that provides online access to files enables attorneys representing parties to have immediate access to the filings as soon as they are uploaded onto the site.

Technology in E-Courts
The technology utilized in e-court is constantly evolving to enhance the efficiency, efficacy, and accessibility of the legal system. Several significant technologies employed in e-courts include:

1. Artificial intelligence (AI): AI is utilized in e-court to automate laborious tasks such as scheduling, document management, and case submission. This not only saves time but also reduces the likelihood of errors and increases productivity.
    
2. Cloud Computing: Cloud computing is employed in e-court to store and manage court documents and data. It offers a scalable and cost-effective solution for data management and storage that can be accessed from any location worldwide.
    
3. Biometric Authentication: Biometric authentication is utilized in e-courts to safeguard the security of court proceedings and prevent unauthorized access. Stakeholder identities are verified through biometric identification techniques such as fingerprint and face recognition.

Other Means of Access to Justice in the Digital World:
In contemporary times, electronic courts are not the sole means of accessing justice, as there exist other modes of access. With the advent of mobile phones and the internet, citizens now have access to all legal information at their fingertips. Through the internet, individuals can view bare acts, and mobile applications provide access to acts. Furthermore, cases and their judgments are now uploaded online, enabling anyone to comprehend or interpret the law. This development is also beneficial for law students seeking to understand and learn the law.

Artificial Intelligence (AI):
AI is the theory and development of computer systems capable of performing tasks that typically require human intelligence, such as visual perception, speech recognition, decision-making, and language translation. The objective of AI, within the broad field of computer science, is to create autonomous and intelligent systems that can imitate human behaviors, think, interpret, and act independently.

AI can be implemented in the legal field and utilized by courts and lawyers. Ordinary individuals can also utilize AI by posing queries, which the AI system will answer by leveraging the available data on the internet. There are various AI software programs that can be employed for this purpose.

ChatGPT:
ChatGPT is a language model that has been developed by OpenAI. It is based on the GPT-3.5 architecture, which is an acronym for Generative Pre-trained Transformer 3.5. This model belongs to the GPT series, which comprises models that have been trained to generate text that resembles human-like language based on the input they receive.

Law Bot Pro:
Law Bot Pro is an advanced legal assistant that has been specifically designed to provide accurate and relevant answers to legal queries. Its programming enables it to comprehend and analyze questions based on Indian law. Its purpose is to assist users in grasping fundamental legal concepts and principles. It is always advisable to seek personalized legal advice from a qualified lawyer. Law Bot Pro is a pro-bono initiative undertaken by Rare Labs, an Indian legal tech company that develops AI-powered tools for the legal community.

Challenges involved with Justice in the Digital World:

• Unequal Access to Technology
• Security Concerns
• Technical Challenges
• Privacy Concerns
• Reduced Human Engagement
• Digital Literacy
• Cost Considerations

Cyber security and Data Protection:
As technology continues to advance, the utilization of E-courts has become increasingly popular. E-courts leverage technology to enhance the efficiency, convenience, and effectiveness of the judicial system. However, the implementation of E-courts faces various challenges, one of which pertains to the matter of data security and cyber security. Cybersecurity, also referred to as information security, pertains to the strategies and protocols that are implemented to safeguard a computer or computer system from unauthorized access by malicious hackers.

Given that E-courts handle sensitive information such as personal data, financial records, and legal documents, it is imperative to establish robust cybersecurity measures. The safeguarding of this data from potential theft necessitates the implementation of stringent cyber security protocols within E-courts.

To mitigate such risks, the implementation of access control is imperative for E-courts. Access control entails restricting unauthorized individuals from accessing E-court systems, networks, and databases. This can be achieved through the utilization of encryption, multi-factor authentication, and the enforcement of robust passwords. Additionally, E-courts should establish mechanisms to monitor user privileges, ensuring that only authorized personnel can access sensitive information.

Network security plays a pivotal role in safeguarding against cyber threats. Therefore, E-courts should possess a secure network infrastructure equipped with firewalls, intrusion detection systems, and anti-virus software. Regular security audits and penetration tests should be conducted to identify and rectify any vulnerabilities within the network.

Measures Implemented by India for Cybersecurity and Protection
The establishment of Cyber Cells has been observed in numerous courts across India, with the aim of handling cases related to cybercrimes and ensuring the security of digital assets. In addition, Indian courts conduct regular security audits to identify vulnerabilities in their IT systems and networks, which aid in addressing potential risks and enhancing security measures. Advanced firewalls and intrusion detection systems are employed to monitor network traffic and prevent unauthorized access, while sensitive data is frequently encrypted to safeguard it from unauthorized access, both in transit and at rest.

Stringent access controls are implemented to ensure that only authorized personnel have access to sensitive information, and multi-factor authentication methods are often utilized to enhance security. Courts also organize training sessions and awareness programs for staff members to educate them about cybersecurity best practices and to raise awareness about potential threats. Data classification and handling protocols are implemented based on the sensitivity of the data, and privacy policies and procedures are in place to ensure that personal information is handled in accordance with relevant data protection laws.

The courts employ encrypted communication channels for official correspondence in order to prevent unauthorized interception of sensitive information. Incident response plans are also implemented to provide guidance in the event of a cybersecurity incident. These plans delineate the necessary steps to investigate, mitigate, and recover from a security breach. Regular Software Updates, Backup and Recovery is consistently done to ensure data protection

Conclusion
The introduction of e-courts has marked the beginning of a new era in the pursuit of justice, utilizing technology to improve accessibility and efficiency in legal proceedings. However, this transition to the digital realm is not without its difficulties. Cybersecurity and data protection are significant concerns that require careful measures to protect sensitive information and uphold the integrity of the justice system.

To ensure the success of e-courts in India, it is crucial to establish strong data protection frameworks and cybersecurity protocols. This involves implementing advanced authentication mechanisms, adhering to legal standards, and providing continuous training to legal professionals on digital best practices. Additionally, it is essential to ensure equitable access to technological resources and offer digital literacy programs to enable all segments of society to benefit from this technological advancement.

Ultimately, the shift towards e-courts presents an opportunity to democratize access to justice by simplifying processes and reducing barriers for individuals seeking legal remedies. By addressing the challenges posed by the digital landscape, we can create a more inclusive, efficient, and transparent legal system, reaffirming the fundamental principle that justice should be accessible to all, regardless of their technological proficiency or geographical location.


Reference:

• SCC Online Blog Judicial Innovation and Digital Divide: Promoting Access to Justice amidst Rising Inequality by Shubham Pandey and Dr Uday Shankar
• Access to Justice, United Nations
• The Universal Declaration of Human Rights, 1948, art. 10
• The International Convention on Civil and Political Rights, 1966, art. 9(4)
• Hurter, E., Access to justice: to dream the impossible dream? 44.CILSA 408–427, (2011)
• Richard Susskind, The End Of Lawyers? Rethinking The Nature Of Legal Services
• E-Courts Mission Mode Project, E-Committee, Supreme Court of India
• Justice Dhananjaya Y. Chandrachud's #Nyaya Special edition #Webinar on 'Future of Virtual Courts and Access to Justice in India'. NALSAR University of Law May 24, 2020