Information and communication technology (ICT) is
going to play a major role in the governance of India. For too long
it was felt that electronic
delivery (e-delivery) of services in India is required.
However, e-delivery of services in India remains missing
till now. With the announcement of Digital
India and Internet
of Things (IoT) initiatives by Narendra Modi Government,
things are definitely going to change. This is more so regarding
fields like education, healthcare, Judiciary, etc.
As far as Judiciary is concerned, the concepts of
online
dispute resolution (ODR) and electronic
courts (e-courts) must be essential part of the Digital
India and Internet of Things (IoT) initiatives. Both ODR and e-courts
must also be part of the national litigation policy of India (NLPI)
as well. In short, legal
enablement of ICT systems in India is need of the hour.
Unfortunately, till the month of November 2014 we
are still waiting for the establishment of first
e-court of India. In fact, the e-courts project of India
received a major
blow recently when the e-committee refused to record
proceedings at the courts in audio and video formats. Similarly,
India has not
used ODR for dispute resolution purposes so far.
Indian Government is considering amending the
Arbitration law of India and also to bring suitable changes in the
NLPI. We at Perry4Law
Organisation and Perry4Law’s
Techno Legal Base (PTLB) strongly recommend that ODR and
e-courts must be integral and essential part of the amended
Arbitration law and NLPI. We hope Indian Government would consider
these suggestions while amending the Arbitration law and NLPI during
the winter session of the Parliament.
