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 ...

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

Navya Benny & Sheryl Sebastian

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