Tuesday, January 26, 2010

The Truth About E-Courts Of India

Lots of media reports have recently surfaced declaring that India has established the first e-court. This is not the first time such rumours have been heard. In fact, the unfulfilled dream of establishment of e-courts in India is in session from 2003. So what is the present position and truth regarding establishment of e-courts in India.

There is a difference between a computerised court and e-court. The recent rumour regarding establishment of e-court by Delhi High Court is a classical example of such ignorance to appreciate the difference between the two. The Delhi High Court has established a computerised court and not an e-court. The court has simply computerised the traditional litigation aspects and nothing more.

The fact is that India does not have even a single e-court in India. In e-court system one can file a case and contest it from any location, even from one’s home. If he/she has to go to the concerned court for filing and contest, it is not an e-court.

The moment litigants in person and lawyer can file case on Internet we can safely assume that e-courts have been established. This is not the case presently. The lawyers and litigants have to go to the concerned court to file their pleadings and cases. None of the High courts in India have such a capability hence there is no question of establishment of e-courts in India.

Finally, the purpose of such false declarations of establishment of e-courts is to seek another extension that usually happens in the month of February. The same is due in the month of February 2010. Even the ICT Trends of India 2009 have confirmed the absence of any e-courts in India. It is high time for the government of India to be serious and do something constructive so that e-courts are not opened on papers only.