Revolutionizing Justice- Exploring Kerala High Court's Innovative, Paperless E-Court System For More Accessible Justice [PART-2]

“There can be no life without change, and to be afraid of what is different or unfamiliar is to be afraid of life” – Theodore Roosevelt.

In Part 1 of the feature, we had discussed about the Case Management System (CMS) introduced by the Kerala High Court, in its pursuit of becoming completely paperless, and automated. We had highlighted the notable features provided by the System. We had also taken a look at how the virtual courtrooms are operated, and how the security of the CMS is ensured. Additionally, we had also explored the e-Sewa Kendras set up by the High Court in order to render assistance to the different stakeholders. 

Just as Rome was not built in a day, the massive changes that the Kerala High Court sought to introduce in its infrastructure and justice delivery system required concerted planning, effort, and most importantly, the cooperation of its stakeholders. But the last aspect was not that easy to come by, for it is only human nature to view that which is unheard of previously, and that which is novel, with some amount of suspicion. 

This Part aims to shed light on how these stakeholders were incentivized, and what prompted them to become integral aspects of this system. 

“The game changer is only when all stakeholders are given incentives,” a source tells us.

For instance, for lawyers, this has helped them have ‘virtual offices’ of their own, and work from anywhere. Distance does not appear to be a barrier anymore, provided the lawyers have internet connectivity. And they can always approach the e-Sewa Kendras for assistance at any point.

“E-filing has definitely made the whole filing process easier, especially for lawyers who are just starting out independently, and cannot afford to hire a clerk. We can simply file it ourselves sitting at home, with our laptops. I would say it is indeed a great initiative,” a young lawyer told LiveLaw.

On the other hand, as the system is just rolling out, and is still in its nascency, it was suggested that there are a few technical glitches that ought to be resolved for its smooth functioning. A lawyer pointed out to us that there have been a few instances where the page wasn’t responding, or wasn’t updating a particular change. “Since it's still only just starting out, these tiny glitches would have to be resolved soon,” the lawyer added.

Another lawyer that LiveLaw spoke to also conceded to the this view, and added that since e-filing is still in its early stages, in a few courtrooms, lawyers have to produce the physical copies as well. The lawyer also pointed out that adaptability to such sea changes is also quite difficult to come by, and would certainly take time to get used to.

But for Advocate Salma Jennath, who is also a new mother, e-filing has been a blessing in disguise. “It was very useful for me when I was pregnant. I could easily work from home during that time”, Advocate Jennath says. She went on to add that one would require a computer device, printer, and scanner in order to work from home. “So, if you have these resources at hand, or they are easily available, e-filing is a boon,” she quipped.

Uttara P V, a young advocate practicing in the High Court who had to unexpectedly move back to Trivandrum to take care of her ailing mother says “I have always been very passionate about litigating, and I want to build a career in it. When I had to move out of Kochi last year, I thought that would be the end of my litigation career, the e-filing system and the hybrid option at the High Court couldn’t have come at a better time for me, and has been such a blessing.”

The Filing Scrutiny Officers (FSOs), who had earlier been working from 10AM in the morning until 7PM in the evening, now have working hours from 8AM-8PM, in shifts. They can also avail the option of working from home, or take a different shift from that which had been allotted to them.

Clerks too, can now work at ease in such virtual offices.

“Our mobility has certainly reduced. We now do not have to run around as much as before, but can just focus on the task at hand. The case filing for regular cases has also become easier, in the sense that it now does not exactly have to be filed before 2PM,” a clerk we spoke to told us.

On the other hand, the picture has not looked as rosy for the aged clerks who have not been able to adapt as easily to the new technology.

“Some of them have left their offices, and gone in search of other opportunities, since they could not adjust to the new system. It has been quite difficult, getting accustomed to this new system, especially for those who are not that very well educated, and are quite aged. It has been difficult to break away from the pattern we had been following so far. We had a few classes on e-filing that had been conducted by the Bar Council, and we also come here and watch how its being done with the help of the e-Sewa Kendras, but some do find it difficult to pick it up. Some clerks also may not be able to afford to buy laptops, so there has to be a solution for that as well,” a source LiveLaw spoke to revealed on condition of anonymity.

Thus, while the impact that e-filing has had on its stakeholders has been immense, and they certainly have been provided with certain incentives, it appears to be pertinent to ensure that technology does not end up excluding the human element, and none of the stakeholders feel left out in the face of such changes.

The High Court has been able to implement the latest technology to switch to a paperless system because of the constitution of a highly qualified in-house tech team. The judges of the High Court took special care to hire a special five member high level IT team to implement the mammoth task of making Kerala High Court paperless. The team was put together in 2019 and each member has several years of experience in the latest technology.

Even though many courts across the country have implemented e-filing by digitising its filing system, the unique aspect of Kerala High Court’s system is its interoperability which makes it remotely accessible to all its stakeholders, allowing a much larger demographic to participate in the justice delivery system.

How The Future Looks

The Kerala High Court has a few more plans up its sleeve to make the system more robust.

For instance, quite often, the justice system is perturbed by the non-service of notice. This is why the High Court has conceived the idea of ‘e-Post’ for electronically transmitting the notice or summons to the post office where the person it has been issued to, resides. From the post office it can be physically served on the intended person. After service of notice, the post office could just update that the same has been done. However, the Court faced an issue in rolling out this feature, since every post office in the State does not have the requisite internet connectivity and printing facilities. So, in turn, it was suggested that the same be sent to 8 post offices in the State having internet connectivity, and those in turn would deliver it to the concerned person, thus resulting in a delay of only a day at the most.

The High Court is also set to provide a dashboard to the post office, which feature shall be rolled out very soon.

Apart from the above, the Kerala High Court is also exploring the possibility of making use of ChatGPT to answer queries that the public may have about the High Court. LiveLaw was told that the system has currently been given for development.

Yet another feature that is being contemplated by the High Court is the incorporation of Artificial Intelligence, particularly in the scrutiny of files. “We have an idea that when a lawyer does the e-filing himself/herself at the very outset, the defects should pop up automatically. And the scrutiny aspect as such, can then be done strictly with respect to the legal points where one would have to apply their minds. The machine itself should be able to identify, and point out the other defects,” Deputy Registrar (IT) Mr. Joseph Rajesh explained to us.

Apart from all that which is currently in the work, and those being pondered upon by the Kerala High Court, it would be worth considering the incorporation of blockchain technology that would allow linking of Courts across the different levels in the State. This would help in the smooth flow of records between Courts, and result in a much faster process of justice delivery. It is important for institutional reforms to be brought about, keeping in mind the vision of the Supreme Court e-Courts Committee, such that such a system can be executed across all the courts in the Country, in order to achieve truly accessible, transparent, and speedy justice.

Lastly, it is also pertinent that such vast changes brought about by technology are implemented in such a way that each stakeholder is incentivised and supported, so as to become an integral part of the system.

Part I: Revolutionizing Justice- Exploring Kerala High Court's Innovative, Paperless E-Court System For More Accessible Justice [PART-1]