The challenges of utilising digital courts

The Challenges of Utilising Digital Courts

India's Digital Judicial Infrastructure

The challenges of utilising digital courts - India's e-Courts initiative stands as a pioneering effort in judicial digitization, surpassing many democratic nations in scope. With over 99.5% of court complexes connected to wide area networks, the system has laid the groundwork for modern judicial processes. The National Judicial Data Grid (NJDG) continuously monitors 27.64 crore legal orders and rulings, while video conferencing has been used to resolve more than 3.38 crore cases. Virtual courts in 21 states have streamlined the processing of 6 crore traffic violations, collecting over ₹649 crore in digital penalties.

Language as a Persistent Divide

Despite these advancements, a critical gap remains. While courts are now digitized, accessibility for all citizens has not been fully realized. India's Constitution recognizes 22 scheduled languages, yet judicial proceedings predominantly rely on English and Hindi. The Supreme Court exclusively uses English, while High Courts primarily do so with minor exceptions in select states. District courts, though operating in the local language, often issue orders and judgments in English or a formalized Hindi variant, which can be confusing for semi-literate individuals in regions like Assam, Tamil Nadu, or Meghalaya.

The Human Layer Remains Thin

The e-Courts portal, serving as the public gateway to this system, is available in English and Hindi. However, for a farmer in Madurai seeking land dispute updates, a fisherwoman in Mangalore tracking a consumer case, or a daily wage worker in Dimapur trying to decipher a summons, the interface remains tailored for users fluent in these languages. This reinforces the traditional barrier of language in accessing justice. Phase III of the project acknowledges this flaw. Its design document explicitly highlights language as a limitation from Phase II and introduces AI-powered translation for vernacular renditions of judgments. The e-Committee of the Supreme Court has advocated for court websites to be localized, but these goals have yet to materialize.

Bringing the Digital Divide into Focus

To address this, the government has established e-Sewa Kendras across court complexes. Over 1,394 of these centers operate in district and High Courts, offering assistance with e-filing, virtual hearings, and status checks. For those without digital literacy, these hubs act as intermediaries between technology and traditional practices.

Yet, coverage and capacity remain hurdles. A single e-Sewa Kendra managing 30 courtrooms handles hundreds of queries daily, often with staff who are undertrained and overwhelmed by rapidly evolving systems. A litigant from a remote tribal village, who has traveled three hours by bus to reach the court, may face a queue at the Kendra that itself hinders access. The infrastructure exists, but the human element needed to support the most vulnerable is still limited.

The Last Mile of Justice

Of the 54 million pending cases, many involve individuals who struggle to comprehend court communications. Summons, generated by the Case Information System in a standardized format, are easy for lawyers to navigate but often indecipherable to the average citizen. In rural Bihar, where English is unfamiliar, a summons arrives as a source of confusion rather than clarity.

She knows it is from the court. She does not know what it says, what it demands, or when she must appear.

The burden of interpretation falls on external parties, with costs and potential inaccuracies adding to the challenge. In a system capable of real-time tracking of 27 crore orders, this final stretch of the digital journey remains unmet.

A Work in Progress

The e-Courts project is not failing—it is evolving. Its foundational work, including the NJDG, positions India as a global leader in judicial databases. However, the journey toward equitable access continues. The distinction between achievement and completion is vital, as the infrastructure is robust, yet the human layer ensuring usability for all remains underdeveloped.