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Talk:National Litigation Policy

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Latest comment: 9 years ago1 comment1 person in discussion

The section was added as a part of large-scale spamming. See Wikipedia_talk:WikiProject_Spam#ptlb.in. I've edited the bBlacklisted urls to assist the move. --Ronz (talk) 19:05, 14 August 2015 (UTC)Reply

The national litigation policy of India is not technology-driven and it does not encourage use of online dispute resolution (ODR) in India and E-courts In India. India has announced initiatives like Digital India [1] and Internet of Things (IoT) policy [2] that are technology dependent.

ODR is a branch of dispute resolution which uses information and communication technology (ICT) to facilitate the resolution of disputes between parties to the dispute.[3] The online dispute resolution mechanism (ODRM) is gaining popularity among all the countries of the World, including India. There are, however, certain prerequisites that must be satisfied before ODRM can be effectively established and used in India. [4]

The problem is there are very few ODR institutions in India.[5] Even lesser are ODR experts who can resolve technical, legal and other scientific disputes in an online environment. Even the national litigation policy of India (NLPI) [6] has failed to address this issue. The legal enablement of ICT systems in India has failed so far. [7]

E-judiciary in India [8] has also not been established by Indian government till now. The key advantages of establishment of electronic courts in India are achievement of transparency and efficiency, reduction in corruption and backlog of cases, speedier justice delivery, [9] cost and time saving, witness protection, etc. [10]

Both the Congress and BJP government have failed in the past to modify the NLPI keeping in mind the technology developments and its possible uses. Now the BJP government is planning to amend the arbitration law of India and this may be the beginning of use of ODR in India as well. [11] [12]

References

  1. ^ "Digital India" (PDF). Department Of Electronics And Information Technology. 11 September 2014. Retrieved 31 October 2014.
  2. ^ "Draft Internet of Things (IoT) Policy of India". Department Of Electronics And Information Technology. 16 October 2014. Retrieved 31 October 2014.
  3. ^ "Online Dispute Resolution In Consumer Disputes". Jurisprudence Research Journal Of Mykolas Romeris University. 1 October 2011. Retrieved 31 October 2014.
  4. ^ "ICT Strategy of India: An ODR Perspective" (PDF). United Nations Public Administration Network. 31 March 2008. Retrieved 31 October 2014.
  5. ^ "Arbitration from Soil to Space" (PDF). Online International Interdisciplinary Research Journal, {Bi-monthly}, ISSN2249-9598, Volume-III, Issue-VI, Nov-Dec 2013. 2 November 2013. Retrieved 31 October 2014.
  6. ^ [electroniccourts.in/blog/wp-content/uploads/2014/10/National-Litigation-Policy-Of-India-NLPI-2010.pdf "National Litigation Policy Of India (NLPI) 2010"] (PDF). E-Courts In India And E-Judiciary In India. 31 October 2014. Retrieved 31 October 2014. {{cite news}}: Check |url= value (help)
  7. ^ "Role of metadata in cyber forensic and status of Indian cyber law" (PDF). International Journal of Computer Technology and Applications. 9 September 2011. Retrieved 31 October 2014.
  8. ^ [electroniccourts.in/blog/?p=770 "E-Judiciary In India: A Much Needed Initiative"]. E-Courts In India And E-Judiciary In India. 31 October 2014. Retrieved 31 October 2014. {{cite news}}: Check |url= value (help)
  9. ^ "Speedy Justice, the e-Court Way". CXO Today. 12 September 2008. Retrieved 31 October 2014.
  10. ^ [ptlb.in/iips/?p=41 "Electronic Delivery Of Justice In India: Why It Failed?"]. Global ICT Policies And Strategies And Indian Perspective. 7 March 2012. Retrieved 31 October 2014. {{cite news}}: Check |url= value (help)
  11. ^ "Government mulls national litigation policy". The Asian Age. 20 November 2014. Retrieved 23 November 2014.
  12. ^ "No ordinance to amend land acquisition law, law minister Sadananda Gowda says". The Times Of India. 20 November 2014. Retrieved 23 November 2014.

Lede rewrite moved to talk

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As with the Shortcomings section:

The increasing backlog of cases is posing a big threat to Indian judicial system. The same was even more in the early 1990s but due to the computerisation process in the Supreme Court and other courts that was reduced to a great extent.[1] However, mere computerisation of courts would not help India anymore and there is a dire need of bringing judicial reforms in India by using the technology in proper manner.[2] India needs to ensure e-delivery of justice so that pendency of cases is reduced.[3]

The centre and the states together account for 70% of the 3 crore cases pending in various courts in India, making government the largest litigant in India.[4] To overcome this problem, centre introduced the national litigation policy of India (NLPI) in 2010.[5] However, it was not implemented in India till October 2014.

National Litigation Policy is formulated by the Ministry of Law and Justice of the Government of India to bring down the litigation from government agencies by making them more responsible in filing cases.[6] Some legal experts believe that use of online dispute resolution and e-courts is crucial for the success of NLPI and for effective dispute resolution and adjudicating of cases in India. The NLPI has not addressed ODR and e-courts related issues. Now Indian government is contemplating amending the national litigation policy and making it contemporary and more effective. [7] [8]

References

  1. ^ "ICT Strategy in India: The Need of Rejuvenation" (PDF). United Nations Public Administration Network. 31 March 2008. Retrieved 31 October 2014.
  2. ^ "ICT Trends in India-2006" (PDF). United Nations Public Administration Network. 20 February 2007. Retrieved 31 October 2014.
  3. ^ [ptlb.in/iips/?p=40 "E-Delivery Of Justice In India Needed"]. Global ICT Policies And Strategies And Indian Perspective. 7 March 2012. Retrieved 31 October 2014. {{cite news}}: Check |url= value (help)
  4. ^ "New policy to halve 2.1 crore govt cases". Times of India. 23 June 2010. Retrieved 31 October 2014.
  5. ^ "National Litigation Policy Document Released". Press Information Bureau, Government Of India. 23 June 2010. Retrieved 31 October 2014.
  6. ^ Sunderarajan, P (June 24, 2010). "Moily unveils new policy to cut down on government litigation". The Hindu. Retrieved 24 August 2012.
  7. ^ "Government mulls national litigation policy". The Asian Age. 20 November 2014. Retrieved 23 November 2014.
  8. ^ "No ordinance to amend land acquisition law, law minister Sadananda Gowda says". The Times Of India. 20 November 2014. Retrieved 23 November 2014.
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