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What Are Virtual Courts in India and How Do They Work?

In recent years, the Indian judiciary has undergone a significant transformation with the introduction of virtual courts. These digital courts have become a pivotal part of the legal system, especially in the wake of the COVID-19 pandemic, enabling uninterrupted access to justice. But what exactly are virtual courts, and how do they work? This article delves into the concept and functioning of virtual courts in India.

Understanding Virtual Courts

Virtual courts are an innovative initiative aimed at enhancing the efficiency of the judicial system through technology. Unlike traditional courts, virtual courts allow legal proceedings to be conducted online, eliminating the need for physical presence in a courtroom. This system leverages advanced technologies such as video conferencing and e-filing to facilitate legal processes.

The eCourts Project

The eCourts Project is a cornerstone in the digital transformation of the Indian judiciary. Initiated in 2007 under the National eGovernance Plan, this project aims to integrate Information and Communication Technology (ICT) into the judicial system. The primary objectives of the eCourts Project include:

• Enhancing Access to Justice: By making legal services more accessible, especially in remote areas.
• Improving Efficiency: Streamlining case management and reducing delays in the judicial process.
• Transparency: Ensuring greater transparency in court proceedings.

How Virtual Courts Operate

Virtual courts operate through a series of digital platforms and tools that enable various judicial functions. Here’s a breakdown of their functioning:

Video Conferencing: Virtual courts utilize robust video conferencing systems to conduct hearings. This technology allows judges, lawyers, and litigants to participate in court proceedings from different locations.

e-Filing: The process of filing legal documents electronically is a key component of virtual courts. e-Filing reduces paperwork, speeds up the submission process, and enhances record-keeping accuracy.

e-Sewa Kendras: These centers serve as one-stop solutions for various digital court services, including e-filing and video conferencing. As of December 2023, 880 e-Sewa Kendras have been established across India, providing crucial support to litigants and legal professionals.

Benefits of Virtual Courts

The adoption of virtual courts offers numerous benefits:

• Accessibility: Virtual courts make it easier for people in remote and rural areas to access legal services.
• Cost-Effective: Reduces the costs associated with physical court appearances, such as travel and lodging.
• Time-Saving: Speeds up the judicial process by reducing the backlog of cases and minimizing delays.
• Safety: Especially significant during the COVID-19 pandemic, virtual courts help maintain social distancing and reduce the risk of virus transmission.

Case Study: High Court of Orissa

The High Court of Orissa has been a pioneer in implementing virtual court services. With the establishment of 20 Virtual Benches at District Courts, it facilitates advocates and litigants to conduct cases through the Virtual High Court Centers. This initiative has proven to be a successful model, demonstrating the potential of virtual courts in enhancing judicial efficiency.

Future of Virtual Courts in India

The future of virtual courts in India looks promising with the government’s continued support and investment. In September 2023, the Union Cabinet approved Phase III of the eCourts project with a budget of ₹7,210 crore. This phase aims to further enhance and upgrade the infrastructure for video conferencing and other digital court services.

The vision for Phase III includes: