GS Paper 2

What are e-courts and what reforms are needed?

The E-Court project of India is an ambitious initiative conceived in 2005 and launched in 2006 by the Government of India to computerize the Indian judiciary and make the justice delivery system more efficient, transparent, and accessible to the people.

Under this project, all the courts in the country are being equipped with modern technology, including computers, scanners, printers, and high-speed internet connectivity. The objective is to automate the entire process of case filing, case management, and delivery of judgments.

The E-Court project is being implemented in a phased manner across the country, and as of 2021, over 18,000 courts have been computerized, covering more than 80% of the country's districts. The project has also resulted in the creation of a centralized database of all court cases, which can be accessed by litigants, lawyers, and judges from anywhere in the country.

Recently, the Union budget for 2022-23 has a generous outlay of ₹7,000 crore for the third phase of the e-courts project administered by the e-committee of India’s Supreme Court in partnership with the ministry of law and justice. The Chief Justice, as the chairperson of the e-committee, has acknowledged that these funds will improve the Indian legal system’s efficiency.

Benefits of E-Court project:

  • Easy access to justice: The project enables litigants to file cases and check the status of their cases online, eliminating the need to visit courts physically. This makes the justice delivery system more accessible and saves time and money for litigants.
  • Improved efficiency: The project has streamlined the process of case filing, management, and delivery of judgments, reduced delays and improving the efficiency of the justice delivery system.
  • Transparency: The E-Court project has made the judiciary more transparent by providing litigants with access to real-time information about the progress of their cases and the status of court orders.

Challenges to E-Courts in India

Despite significant progress made in recent years, several challenges still exist. Some of the current challenges to e-courts in India include:

  • Digital Infrastructure: The digital infrastructure in many parts of the country, especially in rural areas, is inadequate to support e-courts. Many areas still lack access to reliable internet connectivity, which is essential for e-filing, video conferencing, and other digital activities.
  • Digital Divide: There is a significant digital divide in the country, with a large section of the population not having access to smartphones, computers, or other digital devices. This makes it challenging for them to access e-courts and participate in digital hearings.
  • Resistance to Change: Many judges and lawyers are resistant to adopting technology in their work, preferring to rely on traditional methods. This can slow down the adoption of e-courts and impede the process of digital transformation.
  • Cybersecurity: With the increase in the use of technology, the risk of cyberattacks and data breaches is also increasing. E-courts need to ensure that they have robust cybersecurity measures in place to protect the sensitive data that is being handled.
  • Accessibility: While e-courts have the potential to make the justice system more accessible, there is still a need to ensure that the technology is accessible to people with disabilities. This includes providing assistive technology and making sure that digital platforms are designed with accessibility in mind.
  • Training and Capacity Building: There is a need for continuous training and capacity building for judges, lawyers, and court staff to ensure that they are familiar with the technology and can use it effectively. This will require a significant investment in training programs and infrastructure.

Reforms needed for E-Courts in India

While the E-Court project in India has made significant progress in modernizing the judiciary and making justice more accessible to the people, there are several reforms that can be implemented to make it more people-friendly. Some of these reforms are:

  • Simplification of legal procedures: While the E-Court project has made it easier to file cases online, the legal procedures in India are still complex and can be intimidating for the common people. Simplification of legal procedures, including the use of plain language and simpler forms, can make the justice delivery system more user-friendly.
  • Training of judges and court staff: Many judges and court staff in India are not adequately trained in the use of technology. Providing them with the necessary training and support can improve their efficiency and help them serve the people better.
  • Expansion of internet connectivity: While the E-Court project requires high-speed internet connectivity, many parts of India still do not have access to reliable internet connectivity. Expanding internet connectivity to remote areas can ensure that people in these areas can access the E-Court services.
  • Provision of legal aid: Many people in India, especially the marginalized sections of society, cannot afford legal representation. Provision of legal aid, including legal assistance and advice, can help these people access justice.
  • Streamlining of the E-Court system: The E-Court system can be further streamlined to make it more user-friendly. This can include the use of mobile applications, chatbots, and other technologies to make the process of filing cases and tracking their status more accessible and efficient.

Overall, the implementation of these reforms can make the E-Court system more people-friendly and ensure that justice is accessible to all, irrespective of their social and economic status.

Open Defecation Free (ODF) and Swachh Bharat Mission

  • Recent Multiple Indicator Survey (MIS) of the government has called into question the Central government’s claim in 2019 that all Indian villages are open defecation free (ODF).
  • As of now, four government surveys/reports released just before or after the announcement, including the latest Multiple Indicator Survey (MIS), have not only disputed the ODF status of most States but also shown persisting levels of poor sanitation in many of them.
  • The three older surveys which disputed the ODF status were:
  • The National Statistical Office (NSO) survey from October 2018,
  • The National Annual Rural Sanitation Survey (NARSS) of 2019­20
  • The National Family Health Survey­5 (NFHS­5) 2019­21.

What is Swachh Bharat Mission?

  • Ministry of Jal shakti launched Swachh Bharat Mission Grameen (SBMG) in 2014. The mission was implemented as nation-wide campaign/Janandolan which aimed at eliminating open defecation in rural areas during the period 2014 to 2019 through mass scale behavior change, construction of household-owned and community-owned toilets and establishing mechanisms for monitoring toilet construction and usage.

Open Defecation Free (ODF) Status

ODF – An area is notified/declared as ODF if, at any point of the day, not a single person is found defecating in the open.

ODF + - An area can be notified/declared as SBM ODF+ if at any point of the day, not a single person is found defecating or urinating in the open and all community and public toilets are functional and well maintained.

ODF ++ - An area can be declared if it is having ODF+ status and entire faecal sludge/ septage and sewage is safely managed and treated, with no discharging and/or dumping of untreated faecal sludge/septage and sewage in drains, water bodies or open areas.

Challenges to Swachh Bharat Mission:

  • Maintaining ODF status is important after a village, block or district is declared ODF. Generally, it so happens that once it is declared, there is no pressure on the district administration to do any activity because the goal has been achieved.
  • There is more focus on quantity i.e., there is overemphasis on number of toilets being constructed ignoring other parameters.
  • Overreporting of number toilets being constructed, as highlighted by Comptroller and auditor general (CAG) of India.
  • Contradictory claims of government and various other agencies regarding status of open defecation free areas.
  • Monitoring issues, as government’s own data has revealed only 14% of the constructed toilets have gone through the second round of verification.
  • Usage-related challenges include tackling cultural and mind-set issues, providing water in rural areas, addressing the problem of small and dingy toilets, stigma associated with pit-emptying, and making-men use toilets.
  • Despite a ban on manual scavenging, it continues at various places in the country. Unofficial figures reveal presence of 13 lakh manual scavengers; official figures are about two lakhs. The Dalit community is mainly engaged in this work, and not much attention is being paid towards reforming their lives.
  • Sewage treatment remains below the intended levels, untreated sewage in turn becomes an environmental hazard.
  • Availability of water is crucial for optimal and continued utilization of the toilets. Regular supply of water remains a challenge and thus causes discontinuation of the use of the toilets.
  • Caste and religious beliefs stillplay a crucial role in deciding who is going to use the toilets and who will not. It also has an intricate relation in terms of bringing behavioral changes. Thus, as a result still a large number of people still prefer open defecation despite having a operational toilet.

Saudi Arabia - Iran Deal

Iran and Saudi Arabia have agreed to revive diplomatic relations and reopen embassies after seven years of tensions. The deal has been struck with the help of China.

More about the news:

  • The two regional rivals are expected to reopen embassies as they re-establish ties and a security agreement after Beijing talks.
  • Beijing maintains ties with both countries, and the breakthrough highlights its growing political and economic clout in the region which has long been shaped by the influence of the US.
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Background of Iran-Saudi Arabia relations:

1.Areas of Tensions:

  • Tumultuous relationship between the two countries dates back to Iran's Islamic revolution in 1979.
  • Tensions have been high between Iran and Saudi Arabia. Saudi Arabia broke off ties with Iran in 2016 after protesters invaded Saudi diplomatic posts in Iran. 
  • Shia-majority Iran and Sunni-majority Saudi Arabia support rival sides in several conflict zones across the Middle East- Yemen, where the Houthi rebels are backed by Tehran and Riyadh leads a military coalition supporting the government. Iran and Saudi Arabia also are on rival sides in Lebanon and Syria. 

2.Recent improvements in relations between the two countries:

  • Negotiations began in Baghdad in 2021 and have taken five rounds so far.
  • Some progress has been made, but the most important or complex case is the Yemen war. Saudi Arabia has declared a unilateral cease-fire, indicating that the country is moving toward new strategies for engaging with Iran.
  • REGIONAL IMPACT:  Renewed ties could scramble geopolitics in West Asia and beyond by bringing together Saudi, a close partner of the US, with Iran, a long-time foe that US and allies consider a threat and the rising role of China in the region.
  • Rising Role of China in the Region:
  • China’s engagement in the region has for years been rooted in delivering mutual economic benefits and shunning Western ideals of liberalism that have complicated Washington’s ability to expand its presence in the Gulf.
  • China dipped its toes into Middle East diplomacy in 2013 by offering a four-point plan that rehashed old ideas for solving the Israeli-Palestinian conflict. That failed to achieve a breakthrough.
  • China is seizing on waning American influence in the region and presenting Chinese leadership as an alternative to a Washington-led order
  • China’s engagement with the region has been steadily expanding. The GCC states provide 40 percent of China’s oil imports, with Saudi Arabia alone exporting 17 percent.
  • The Belt and Road Initiative (BRI) has been a major factor in attracting China to the region. The Saudi-China joint statement refers to the “harmonisation plan” between BRI and the Saudi “Vision-2030” that was signed during the visit.
  • With increasing role of China, important initiatives have been: the five rounds of dialogue between Saudi Arabia and Iran in 2021-22, Turkey’s outreach to Saudi Arabia, the UAE and Egypt, and the Iraq-Jordan-Egypt consortium set up in August 2021.

3.Indian’s role in West Asia:

  • Areas of Cooperation:
  • 70 per cent of India’s imported energy needs come from West Asia and 11 million Indians working in West Asia.
  • India is the largest recipient of foreign remittances from West Asia.
  • Close cooperation with West Asia is important to prevent spread of terror outfits like Islamic State.
  • West Asia provides gate way to energy rich Central Asian region. Example: Chahbahar port in Iran.
  • Challenges:
  • India’s deepening strategic relations with Israel has been a concern for Iran. Iran hence, plays its China and Pakistan card. Iran has also supported Pakistan’s stand on Kashmir, going against India’s interests.
  • Iran is a part of China’s ambitious Belt and Road initiative. India has been consistently opposing China’s Belt and Road Initiative.
  • ONGC ‘Videsh Limited’ played an important in discovering the Farzad B gas fields in Iran. However, Iran has not given the rights to develop the gas field to India.
  • India has to work on to balance its ties with Iran on the one hand with USA sanctions and Saudi Arabia and the USA on the other.
  • The two close partners of India like the Kingdom of Saudi Arabia and Iran have reached a deal with Beijing’s influence is disquieting, given India’s current tensions with China.
  • India’s focus on the I2U2 quadrilateral along with Israel, U.S. and UAE, which may have taken the spotlight away from its ties with Iran and Saudi Arabia.
  • India has to closely watch whether Beijing takes its new role as peacemaker to other parts of the world, including the Russia-Ukraine conflict regarding which China has pitched a peace formula
  • China has also sought to emphasize a plan called the Global Security Initiative, that describes an effort to apply “Chinese solutions and wisdom” to the world’s biggest security challenge.

Way Forward

  • I2U2 is the new ‘QUAD’: The I2U2 Group is a grouping of India, Israel, the United Arab Emirates, and the United States. India can play crucial role as far as the region (West Asia) is concerned.
  • India can provide large workforce and leverage on its ties with UAE, the USA and Israel to balance China in the region.
  • India’s approach towards the conflicts in the region should have more clear voice and perception. Clear documents should be issued by the Indian side over this conflict, for example, over Iran and Saudi Arabia

What is Cold Peace?

  • A cold peace is a state of relative peace between two countries that is marked by the enforcement of a peace treaty ending the state of war while the government or populace of at least one of the parties to the treaty continues to treat the treaty with vocal disgust domestically.
  • A cold peace is a mimetic cold war. In other words, while a cold war accepts the logic of conflict in the international system and between certain protagonists in particular, a cold peace reproduces the behavioural patterns of a cold war but suppresses acceptance of the logic of behaviour. Cold peace, while marked by similar levels of mistrust and antagonistic domestic policy between the two governments and populations, do not result in proxy wars, formal incursions, or similar conflicts.
  • A cold peace is accompanied by a singular stress on notions of victimhood for some and undigested and bitter Victory for others. The perceived victim status of one set of actors provides the seedbed for renewed conflict, while the 'victory of the others cannot be consolidated in some sort of relatively unchallenged post-conflict order.
  • Example:
  • Egypt and Israel:
  • The Camp David Accords, the Egypt–Israel peace treaty and the aftermath of relations between Israel and Egypt are considered a modern example of cold peace. 
  • After having engaged each other in five prior wars, the populations had become weary of the loss of life, and the negotiation of the accords and the treaty were considered a high point of the Middle Eastern peace process.

However, Egyptian popular support for the treaty plummeted after the 1981 assassination of Anwar Sadat and the 1982 Israeli invasion of Lebanon, and perception of the treaty has not recovered in the Egyptian populace ever since.

Adultery and court martial proceedings

Constitution Bench of the Supreme Court has observed that Joseph Sine Judgment (2018) which declared provisions related to adultery as unconstitutional will not impact court martial proceedings initiated against personnel serving the armed forces for adulterous conduct. Based on this observation, the Union of India has sought clarifications from the Court on the application of special legislation for armed forces made under Article 33 of the Indian Constitution which governs their conduct of service.

Article 33 – fundamental rights

Article 33 - Power of Parliament to modify the rights conferred by this Part in their application to Forces, etc. - Parliament may, by law, determine to what extent any of the rights conferred by this Part shall, in their application to,— the members of the Armed Forces; or the members of the Forces charged with the maintenance of public order; or persons employed in any bureau or other organisation established by the State for purposes of intelligence or counter intelligence; or person employed in, or in connection with, the telecommunication systems set up for the purposes of any Force, bureau or organisation referred to in clauses (a) to (c), be restricted or abrogated so as to ensure the proper discharge of their duties and the maintenance of discipline among them.    

Provisions on Adultery    

Section 497 of Indian Penal Code defines Adultery Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. In such case the wife shall not be punishable as an abettor.
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As per Section 198 (2) of Code of Criminal Procedure, only the aggrieved husband could file the case of Adultery against another man who had sexual intercourse with his wife without his consent.       

Recommendations of Committees on adultery    

  • 42nd Law Commission Report and Justice Malimath Committee had suggested that offence of adultery be amended to include wife liable for the offence of adultery.    
  • This will not only remove the arbitrariness but
  • would also make the law gender neutral      

as same punishment shall be given to both the man and woman for the offence of adultery.   

  • However, Madhav Menon Committee and National Commission of Women had suggested for the removal of adultery from criminal offence and make it a social wrong.            

constitution bench judgment -  Joseph Shine v Union of India – 2018

  • The petition challenged the constitutionality of the offence of adultery under Section 497 of the IPC read with Section 198(2) of the Criminal Procedure Code, 1973 and also pleaded to make the provision gender neutral.
  • The Supreme Court struck down Section 497 of the IPC on the grounds that it violated Articles 14, 15 and 21 of the Constitution.
  • The Court held that Section 497 pertaining to Adultery was archaic, arbitrary and paternalistic and infringed upon a woman’s autonomy, dignity, and privacy.
  • The Court held that adultery can be ground for civil issues including dissolution of marriage but it cannot be a criminal offence.     
  • Section 198(2) of the Cr.PC which allowed only a husband to bring a prosecution under Section 497 of the IPC was also struck down as unconstitutional.
  • This decision overruled the Court’s previous decisions in Yusuf Abdul Aziz vs. State of Bombay (1954 SCR 930), Sowmithri Vishnu vs. Union of India ((1985) Supp SCC 137) and Vishnu Revathi vs. Union of India ((1988) 2 SCC 72) where the constitutional validity of Section 497 was upheld.   

questions posed before the supreme court  on  regulating the conduct and behaviour of armed force personnels

  • Department of Military Affairs under Ministry of Defence has sought clarifications from the Supreme Court on the following issues:
  • Should persons subject to Army Laws made under Article 33 being a distinct class of persons be subjected to provisions of adultery under Section 497 of IPC?  
  • Can an exception in regard to application of Section 497 of the IPC for persons subject to Army Act be made?
  • Whether the adulterous acts be allowed to be governed by the provisions of Army Act, Navy Act or Air Force Act irrespective of the 2018 Joseph Shine Judgment by treating it as an abrogation of Fundamental Rights under Article 33.
  • In view of Article 33 of the Constitution, whether the 2018 judgment would prevent the Armed Forces from proceeding against a person subject to the Army Act, who is guilty of what would in effect be an adulterous act.
  • Whether an adulterous relationship by a male or a female in the army, navy or airforce be initiated under special laws (made under Article 33) considering the requirements of discipline and proper discharge of their duty?
  • Armed Forced do not differentiate between man and woman - Government argued that unlike Section 497 of IPC, the Armed Forces do not make a difference between a man and a woman, who is subject to the Army Act, if they are guilty of an offence.
  • Reasons to restrict Fundamental Rights under Article 33 - There was a reason why the framers of the Constitution had authorised Parliament to restrict or abrogate certain FR in their application to armed forces to ensure proper discharge of duties and maintenance of discipline.  

Supreme Court’s Observation

  • Joseph Shrine Not Concerned with Article 33 - On the issue of applicability of Joseph Shine case o Armed Forces, Supreme Court observed that Joseph Sine was not concerned with the provisions of Armed Forces Acts legislated under Article 33 of the Indian Constitution.
  • Exemptions can be provided under Article 33 - The bench further noted that as per Article 33 of the Constitution, the legislations governing armed forces can provide exemptions from the applicability of fundamental rights.
  • The Constitution Bench has reserved its judgment dated 31-01-2023 on the issue pertaining to an application filed by the Department of Military Affairs seeking clarification of the Constitution Bench judgment dated 27-09-2018 Joseph Shine v. Union of India.

Disciplinary Proceedings Must Have Direct Nexus with Performance of Duties

In various cases post Joseph Shine Judgment in 2018, the constitutional courts have tried to differentiate personal and public activities including cases of promiscuity or adultery.

  • Mahesh Chand Sharma versus State of Rajasthan and Others (2019) - Rajasthan High Court set aside the departmental proceedings against the petitioner serving as an inspector in Rajasthan Police for illicit relation with one woman constable and had also ‘begotten a child from illicit relations’.   
  • Moral Policing Not Allowed by Employer - No employer can be allowed to do moral policing on its employees which goes beyond the domain of his public life.
  • Personal choices and selections (to have sexual intercourse) cannot be a subject matter of departmental proceedings under the Service Conduct Rules.    
  • Maheshbhai Bhurjibhai Damor versus State of Gujarat -Gujarat High Court quashed and set aside the dismissal order of an armed police constable arising from allegations that he had developed illicit relations with a widow which amounted to misconduct. 
  • Allegations Must have Direct Nexus with Duties Performed – The Court held that in order to prove misconduct, allegations must have some nexus, direct or indirect, with the duties to be performed by the government servant. 
  • Affair not misconduct under Conduct Rules - alleged act was a private affair and not a result of any coercive pressure. Hence, the act of the petitioner at the most could be considered as an immoral act and cannot be considered as misconduct under the Service Rules.

Way Forward

As of now the Supreme Court has reserved the judgment on the application of adultery provisions as misconduct under specific legislations. However, considering the High Courts judgments post Joseph Shine judgment, it has maintained strict separation between public and private affairs and misconduct proceedings can only be initiated if the alleged act has a direct nexus with the duties to be performed by the public servant.

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