This Blog is written by Vivek Srinivas Reganti Srinivasan, a Second Year Law Student of ISBR Law College

Introduction:

This blog proposes/explores the development of a fresh user authentication system designed specifically for court cases filed by citizens. The system aims to enhance connectivity and transparency throughout the judicial process, ensuring equitable access to justice. By safeguarding against ex-parte communications and preventing bias in case proceedings, this initiative seeks to uphold the integrity of the legal system and protect the rights of all individuals involved.

In some of the cases, either the petitioner(s) or respondent(s) don’t turn up for the hearing, and that causes to postponement of the cases apart from extensions. This system helps the users to notify the users well in advance. Additionally, sometimes the petitioner(s) or respondent(s) made their presence in the court on the designated day but there are some situations they might fail or miss the hearing process.

This system ensures that the record of the petitioner(s) or respondent(s) reached the court or not and protects the users from getting into mode ex-parte unless the users wish to do so.

Blockchain:

Blockchain is a decentralized digital ledger technology that records transactions across multiple computers in a way that is secure, transparent, and resistant to modification. In India, blockchain technology is being explored for applications beyond cryptocurrency, such as supply chain management, healthcare records management, land records, and voting systems. Blockchain's potential to provide tamper-proof and transparent record-keeping has drawn interest from both government and private sectors, although regulatory frameworks and scalability remain key challenges.

Here it's not limited or restricted to a particular technology alone, other technologies also shall be explored in this space which suits and supports the system in and user-balanced way.

Ideology:

Enhancing Court Proceedings with a New Authentication System

In an effort to improve the efficiency and security of court proceedings, we are exploring the creation of a new authentication system, while also considering the enhancement of existing facilities. One promising technology in this realm is blockchain, which can be leveraged to protect user data effectively.

Addressing Attendance Challenges in Court Hearings

In many cases, either the petitioner or respondent may fail to appear for their scheduled hearings, leading to unnecessary postponements and extensions. Our new authentication system is designed to mitigate this issue by providing timely notifications to users well in advance of their court dates.

Ensuring Accountability and Attendance

While some parties may arrive at court on the designated day, unforeseen circumstances can sometimes prevent them from participating in the hearing process. This system will track whether petitioners and respondents have officially checked in, thereby safeguarding against ex parte situations—unless a party chooses to waive this protection.

Streamlined Authentication Process

At the initial hearing of a case, both petitioners and respondents will have their thumb impressions recorded. This biometric data will serve as a secure form of identification for all subsequent hearings. By utilizing this authentication system, we can seamlessly connect to existing court databases, linking each case to its respective participants.

Timely Notifications for Participants

To ensure that all parties are adequately prepared for their hearings, the system will send notifications to petitioners and respondents one week prior and again one day before their scheduled court dates. This proactive approach allows individuals to plan accordingly and ensures their presence on the designated day.

Efficient Check-In Procedures

On the day of the hearing, participants will be required to authenticate themselves using the system within a specified timeframe set by the courts. Once authenticated, their attendance will be officially recorded. This not only streamlines the check-in process but also helps judges prioritize cases based on attendance.

Benefits for Judges and Court Management

With successful authentication, the system will automatically update records and present relevant information to judges. This will facilitate more efficient case management, allowing judges to focus on cases that are actively progressing through the court system. By implementing this innovative authentication system, we aim to create a more organized and transparent judicial process that benefits all participants involved.

Implementation of Kiosks for Enhanced Monitoring

To facilitate this process, kiosks or panels will be set up in every courtroom to record attendance and authentication activities. As the system matures, we anticipate further enhancements that will help eliminate malpractices within the judicial process.

Future Enhancements for Improved Relevance

Once users and court operators become familiar with the system, we plan to introduce additional features. For instance, it could become mandatory for petitioners and respondents to confirm their attendance for specific hearings. This requirement will help ensure that all parties remain informed about their cases and reduce the likelihood of being placed in ex-parte status.

By addressing these attendance challenges, our advanced authentication system aims to create a more reliable and transparent court experience for all participants involved.

Advantages:

Ø The system logs all users present for the day about specific cases.

Ø It minimizes the risk of ex-parte status occurrences.

Ø Utilizing blockchain technology ensures that authentication is safeguarded against data tampering.

The Digital Personal Data Protection Bill, 2023

Ø The Bill will apply to the processing of digital personal data within India where such data is collected online, or collected offline and is digitized. It will also apply to such processing outside India if it is for offering goods or services in India

Ø Personal data may be processed only for a lawful purpose upon consent of an individual. Consent may not be required for specified legitimate uses such as voluntary sharing of data by the individual or processing by the State for permits, licenses, benefits, and services

Ø Data fiduciaries will be obligated to maintain the accuracy of data, keep data secure, and delete data once its purpose has been met

Ø The Bill grants certain rights to individuals including the right to obtain information, seek correction and erasure, and grievance redressal

Ø The central government may exempt government agencies from the application of provisions of the Bill in the interest of specified grounds such as security of the state, public order, and prevention of offenses

Ø The central government will establish the Data Protection Board of India to adjudicate on non-compliance with the provisions of the Bill

Key Issues and Analysis

Ø Exemptions to data processing by the State on grounds such as national security may lead to data collection, processing, and retention beyond what is necessary. This may violate the fundamental right to privacy

Ø The Bill does not regulate risks of harm arising from the processing of personal data

Ø The Bill does not grant the right to data portability and the right to be forgotten to the data principal

Ø The Bill allows the transfer of personal data outside India, except to countries notified by the central government. This mechanism may not ensure adequate evaluation of data protection standards in the countries where transfer of personal data is allowed

Ø The members of the Data Protection Board of India will be appointed for two years and will be eligible for re-appointment. The short-term scope for re-appointment may affect the independent functioning of the Board.

Conclusion:

In summary, the implementation of this system enhances accountability by accurately recording user attendance for specific cases. By reducing the likelihood of ex-parte status, it promotes fair legal proceedings. Additionally, the integration of blockchain technology provides a robust layer of security, ensuring that all authentication processes remain tamper-proof. This comprehensive approach not only streamlines operations but also fosters trust and integrity within the legal framework.

Reference:

· https://prsindia.org/billtrack/digital-personal-data-protection-bill-2023

· https://efaidnbmnnnibpcajpcglclefindmkaj/https://attendance.gov.in/assets/doc/bas_manual.pdf

· https://www.livemint.com/news/india/bci-law-students-biometric-attendance-criminal-background-checks-llb-rgnul-11727188598562.html

· https://districts.ecourts.gov.in/extension-bio-metric-attendance-system-tender

· https://www.meity.gov.in/writereaddata/files/Digital%20Personal%20Data%20Protection%20Act%202023.pdf