12/12/2023 | Press release | Distributed by Public on 12/12/2023 04:36
Over the course of two days, a total of 16 sessions were conducted on different themes of access to legal aid and access to justice. This was the first of the kind of gathering wherein Chief Justices, Judges, Ministers, senior ministry officials, heads of legal aid bodies and civil society experts from more than 40 Africa, Asia & Pacific countries of the Global South, all came together to find solutions to the most pressing challenges of access to justice in the Global South and carve out actionable outcomes for strengthening legal aid and justice systems.
The eCourts Mission Mode Project was launched with the objective of improving access to justice using technology. eCourts Phase I was aimed at basic computerization of courts and providing local network connectivity. Phase II of the project started in 2015 with an outlay of Rs.1,670 crore out of which a sum of Rs.1668.43 crore has been released by the Government. Under Phase II, 18,735 District & Subordinate courts have been computerized so far.
As part of WAN project, connectivity to 2977 of 2992 court complexes (99.4% sites) have been provided with 10 Mbps to 100 Mbps bandwidth speed using various technologies like OFC, RF, VSAT etc.
Using National Judicial Data Grid (NJDG), developed with elastic search technology, lawyers and litigants can access case status information of 24.47 crore cases and more than 24.13 crore orders/judgments.
Since the Covid lockdown period, more than 2.97 Cr. virtual hearings have been held by the Courts across India including Hon'ble Supreme Court of India, making India a world leader in virtual hearings.
Live Streaming of court proceedings has started in High Courts of Gujarat, Gauhati, Orissa, Karnataka, Jharkhand, Patna, Madhya Pradesh and Constitutional Bench of Hon'ble Supreme Court of India thus allowing interested persons to join the proceedings.
25 virtual courts in 20 States / UTs have been set up to try traffic offences. These courts have heard more than 4.11 crore cases and realized Rs. 478.69 crore in fines. Delhi High Court has started 34 Digital Courts to hear cheque bounce cases under the Section 138 NI Act.
An eFiling system has been rolled out for the electronic filing of legal papers. This allows the lawyers to access and upload documents related to the cases from any location 24X7 which makes coming to the court for filing of papers unnecessary.
e-Filing of cases requires the option for electronic payment of fees which includes court fees, fines and penalties which are directly payable to the Consolidated Fund. A total of 21 High Courts have implemented e-payments in their respective jurisdictions.
To make justice delivery inclusive and to bridge the digital divide, 875 eSewa Kendras have been rolled out for helping the lawyer or litigant who needs any kind of assistance ranging from information to facilitation and eFiling.
Citizen centric services are provided through 7 platforms or service delivery channels for providing real time information on case status, cause lists, judgements etc. to lawyers/litigant. The services are SMS Push and Pull (2,00,000 SMS sent daily), Email (2,50,000 sent daily), multilingual and tactile e-Courts services Portal (35 Lakh hits daily), Judicial Service centers (JSC), Info Kiosks, e-Courts Mobile App for lawyers/litigants (with 2.07 Cr. downloads till 31.10.2023) and Just IS app for judges (19,433 downloads till 30.11.2023).
National Service and tracking of Electronic Processes (NSTEP) has been developed for process serving and issue of summons and is currently functional in 28 States/UTs.
A new 'Judgment & Order Search' portal has been inaugurated for the convenience of its stakeholders in searching judgments easily. It can be reached at https://judgments.ecourts.gov.in.
To bring awareness to the public about justice sector, advertising various schemes of the department and to give status of various fields to the public, 39 Justice Clocks have been installed at 25 High Courts. Virtual Justice Clock is also hosted on the portal.
The e-Committee of the Supreme Court of India has conducted trainings and awareness programmes on the ICT services which have covered 5,35,558 stakeholders.
e-Courts project has bagged various awards including National Award for e-Governance consecutively for the last three years.
As eCourts Phase-II is over, the Cabinet on 13.09.2023 has approved eCourts Phase-III with a budgetary outlay of Rs.7,210 crore. Taking the gains of Phase-I and Phase-II to the next level, the e-Courts Phase-III aims to usher in a regime of maximum ease of justice by moving towards digital, online and paperless courts. The main objective of the Phase-III is to create a unified technology platform for the judiciary, which will provide a seamless and paperless interface between the courts, the litigants and other stakeholders. The proposed timeframe for the eCourts Project Phase-III is four years starting from 2023 onwards. The project will help provide a smoother user experience by building a "smart" ecosystem. Registries will have less data entry and minimal file scrutiny facilitating better decision-making and policy planning. The eCourts Phase-III will thus prove to be a game changer in ensuring ease of justice by making the Court experience convenient, inexpensive and hassle free to all the citizens of the country.
A Centrally Sponsored Scheme for setting up of Fast Track Special Courts (FTSCs) including exclusive POCSO (e-POCSO) Courts was started by the Union of India in October, 2019 to provide speedy justice to the victims of rape and POCSO Act through expeditious disposal of related cases. The scheme was initially for one year extended upto March 2023. The Union Cabinet has further extended the Scheme for three more years i.e. from 01.04.2023 to 31.03.2026 at a total outlay of Rs. 1952.23cr. with Rs. 1207.24 cr. as Central Share to be incurred from Nirbhaya Fund. The Department of Justice till 06.12.2023, has released a total of Rs.734.93 cr. (Rs.140 cr. in the FY 2019-20, Rs.160 cr. in the FY 2020-21, Rs.134.56 cr. in the FY 2021-22, Rs.200 cr. in FY 2022-23 cr. and Rs. 100.37 cr. in FY 2023-24) to 29 States/UTs for the operationalization of these FTSCs.
Achievements of the Scheme
The National Mission for Justice Delivery and Legal Reforms was set up in August 2011. National Mission for Justice Delivery and Legal Reforms focuses on improvement of administration of justice and justice delivery and legal reforms in the entire country and to address the diverse needs of all sections of stakeholders. Its objectives are two-fold:
Initiatives under National Mission
One of the major initiatives of the National Mission relates to Centrally Sponsored Scheme (CSS) for Development of Infrastructure Facilities for Judiciary. CSS for Development of Infrastructure Facilities for Judiciary aims to increase the availability of suitable number of Court Halls, Residential Accommodations for Judges / Judicial Officers of District and Subordinate Courts all over the country including at District, Sub-District, Taluka, Tehsil and Gram Panchayat and Village levels. This will help in improving the functioning and performance of the Judiciary across the country in reaching out to every citizen.
The Government has approved the continuance of this CSS for a period of 5 years i.e. from 2021-22 to 2025-26 with a financial outlay of Rs.9000 crore (including central share of Rs.5307 crore) and also introduced some new features like provision of Lawyers Halls, toilet complexes and digital computer rooms for the convenience of lawyers & litigants, besides court halls and residential units.
A sum of Rs. 10443.75 crore has been released till 11.12.23 since the inception of the scheme, of which Rs. 6999.44 crore has been released since 2014-15 which is around 67.02% of the total releases under the Scheme. During the current financial year 2023-2024 a sum of Rs. 1051 crore has been allocated of which a sum of Rs. 577 crore has been sanctioned. In the financial year 2022-23, an amount of Rs. 857.20 crore was released to the States/UTs.
As per the information made available by the High Courts, there are 21,507 court halls available, a significant increase as compared to the 15,818 available court halls in 2014. As far as the Residential Units are concerned, 18,882 Residential units are available against the current working strength of 20,017 Judges/Judicial Officers. There were 10,211 Residential Units available in 2014. In addition, 3,109 court halls and 1,807 residential units are currently under construction as per Nyaya Vikas portal.
Launch of Nyaya Vikas 2.0:
As per the Constitutional framework, the selection and appointment of judges in subordinate courts is the responsibility of the High Courts and State Governments concerned. The Supreme Court, through a judicial order in Malik Mazhar case, has devised a process and time frame to be followed for the filling up of vacancies in subordinate judiciary. Department of Justice has been taking up the matter of filling up of vacant positions in District & Subordinate Courts with the States and High Courts. Department of Justice hosts a MIS web-portal on its website for reporting and monitoring of sanctioned and working strength, and vacancies of Judicial Officers of District and Subordinate Courts on monthly basis. This enables the policy makers to get monthly judicial data. Since April, 2021 portal for reporting of compliance of directions of Malik Mazhar Sultan case is also live on the Department of Justice website.
Disposal of cases is within the domain of the judiciary. However, the Union Government is committed to speedy disposal of cases and reduction in pendency of cases to improve access to justice in line with the mandate under Article 39A of the Constitution. The National Mission for Justice Delivery and Legal Reforms, established by the Union Government, has adopted many strategic initiatives, including improving infrastructure [court halls and residential units] for Judicial Officers of District and Subordinate Courts, leveraging Information and Communication Technology (ICT) for better justice delivery, filling up of vacant positions of Judges in High Courts and Supreme Court, reduction in pendency through follow up by Arrears Committees at District, High Court and Supreme Court level, emphasis on Alternate Dispute Resolution (ADR) and initiatives to fast track special type of cases. As on 11th December 2023, there are 79,781cases pending in the Supreme Court. The pendency in respect of High Courts and District & Subordinate Courts, as on 11th December 2023stands at 61,95,535and 4,43,45,599respectively.
To handle commercial cases, 46 Dedicated Commercial Courts in Delhi, 6 in Mumbai, 10 in Bengaluru and 4 in Kolkata have been operationalized. Out of the 46 Dedicated Commercial Courts in Delhi, 2 Digital Commercial Courts have been operationalized in Saket District Courtthat are paperless courts with e-filing and virtual hearing facility.
*******
SS/AKS