In a new development, the Justice Ministry has paid attention to issuing and serving summons using modern communication methods such as mobile phones and electronic mails, and at the last Cabinet of Ministers meeting held on 11 October, the Cabinet approved a proposal tabled by the Justice Minister, President’s Counsel (PC) M.U.M. Ali Sabry, with regard to drafting an Amendment Bill to amend Chapter 101 of the Civil Procedure Code to provide for the said move. This, recommended by the Committee on Civil Law Reforms appointed by Minister Sabry, could be the beginning of modernising the judicial system, which is revered as one of the most prominent public institutions, to get closer to the public.
Such measures will certainly address delays and save public funds, time, and manpower, and most importantly, will increase efficiency as far as paperwork is concerned, which has been a pressing concern for decades when it comes to Sri Lanka’s judicial system. The advantages of digitalisation and computerisation were displayed during the past few months, when the judicial system started to continue hearings via online communication platforms due to the Covid-19 pandemic. Thanks to that, the pandemic’s impact on court hearings was mitigated.
However, if Sri Lanka is genuinely interested in using digital technology to the full advantage of its judicial system, there are more steps Sri Lanka can take, some of which goes beyond merely making court proceedings efficient.
Using modern technology has been recommended by international researchers as a solution to common issues faced by judicial systems the world over, including limited resources, the overuse of papers, inability to re-watch physical hearings to re-evaluate the behaviour of attendees of a hearing, difficulties pertaining to handling a massive amount of data and documents, and also transparency-related concerns caused by physical documents being easy to tamper with.
First and foremost, Sri Lanka’s judicial system can think about switching fully to the digitalisation of records; to prevent, or to reduce the risk of loss and damage. Even though digital data is not completely safe from loss, damage, theft, or manipulation, the possibility of such things happening to digital data is far less than the possibility of the same happening to physical records. Such steps would be greatly beneficial in instances such as the fire which erupted at the Supreme Court complex almost a year ago.
Such technological advancements can also be used to make the country’s judicial system closer to the public, which has been a necessary step Sri Lanka has missed out on so far. In fact, it would not be wrong to state that among the three pillars of democracy, i.e. the Executive, the Legislature, and the Judiciary, which are ultimately answerable to the public, the juridical system is the one that is most alien to the public. People get to see what the President does through the media including the President’s Media Division, and also what the Parliament and Parliamentarians do through the media or in person, if a citizen wants to, under certain limitations. However, what is happening in a court is a mystery to many, and media reports provide only a limited knowledge.
As an extension to using modern technology to ensure transparency regarding matters pertaining to the judicial system, perhaps, Sri Lanka can also look into making available court proceedings to the public via similar technologies with exceptions to ensure that such an initiative does not obstruct court proceedings. Such a measure would inarguably give the people an opportunity to be familiar with the judicial system that is entrusted with the task of ensuring the rule of law, and that would complete the transparency aspect of all three pillars of democracy.
Even though this may be a suggestion that goes against the traditions of the judicial system, as a matter of fact, this is an ongoing discussion in some countries, including in India, which has a legal system similar to Sri Lanka, and some countries have already permitted similar initiatives with certain exceptions. Recently, India’s Supreme Court’s E-Committee issued draft rules for live streaming and recording court proceedings, and proposed a 10 minute delay in transmission and the exclusion of sensitive cases including those involving sexual offences.
Even though Sri Lanka is still starting to introduce its judicial system to digital technology, international experts forecast that virtual courts would be a definite element of judicial systems in the future. While the initiatives Sri Lanka is taking are admirable, there is a lot more we can do. Therefore, perhaps, the authorities can make these digitalisation initiatives a continuing activity.Towards judicial transparency via digitalisation
12 Oct 2021
Towards judicial transparency via digitalisation
12 Oct 2021
In a new development, the Justice Ministry has paid attention to issuing and serving summons using modern communication methods such as mobile phones and electronic mails, and at the last Cabinet of Ministers meeting held on 11 October, the Cabinet approved a proposal tabled by the Justice Minister, President’s Counsel (PC) M.U.M. Ali Sabry, with regard to drafting an Amendment Bill to amend Chapter 101 of the Civil Procedure Code to provide for the said move. This, recommended by the Committee on Civil Law Reforms appointed by Minister Sabry, could be the beginning of modernising the judicial system, which is revered as one of the most prominent public institutions, to get closer to the public.
Such measures will certainly address delays and save public funds, time, and manpower, and most importantly, will increase efficiency as far as paperwork is concerned, which has been a pressing concern for decades when it comes to Sri Lanka’s judicial system. The advantages of digitalisation and computerisation were displayed during the past few months, when the judicial system started to continue hearings via online communication platforms due to the Covid-19 pandemic. Thanks to that, the pandemic’s impact on court hearings was mitigated.
However, if Sri Lanka is genuinely interested in using digital technology to the full advantage of its judicial system, there are more steps Sri Lanka can take, some of which goes beyond merely making court proceedings efficient.
Using modern technology has been recommended by international researchers as a solution to common issues faced by judicial systems the world over, including limited resources, the overuse of papers, inability to re-watch physical hearings to re-evaluate the behaviour of attendees of a hearing, difficulties pertaining to handling a massive amount of data and documents, and also transparency-related concerns caused by physical documents being easy to tamper with.
First and foremost, Sri Lanka’s judicial system can think about switching fully to the digitalisation of records; to prevent, or to reduce the risk of loss and damage. Even though digital data is not completely safe from loss, damage, theft, or manipulation, the possibility of such things happening to digital data is far less than the possibility of the same happening to physical records. Such steps would be greatly beneficial in instances such as the fire which erupted at the Supreme Court complex almost a year ago.
Such technological advancements can also be used to make the country’s judicial system closer to the public, which has been a necessary step Sri Lanka has missed out on so far. In fact, it would not be wrong to state that among the three pillars of democracy, i.e. the Executive, the Legislature, and the Judiciary, which are ultimately answerable to the public, the juridical system is the one that is most alien to the public. People get to see what the President does through the media including the President’s Media Division, and also what the Parliament and Parliamentarians do through the media or in person, if a citizen wants to, under certain limitations. However, what is happening in a court is a mystery to many, and media reports provide only a limited knowledge.
As an extension to using modern technology to ensure transparency regarding matters pertaining to the judicial system, perhaps, Sri Lanka can also look into making available court proceedings to the public via similar technologies with exceptions to ensure that such an initiative does not obstruct court proceedings. Such a measure would inarguably give the people an opportunity to be familiar with the judicial system that is entrusted with the task of ensuring the rule of law, and that would complete the transparency aspect of all three pillars of democracy.
Even though this may be a suggestion that goes against the traditions of the judicial system, as a matter of fact, this is an ongoing discussion in some countries, including in India, which has a legal system similar to Sri Lanka, and some countries have already permitted similar initiatives with certain exceptions. Recently, India’s Supreme Court’s E-Committee issued draft rules for live streaming and recording court proceedings, and proposed a 10 minute delay in transmission and the exclusion of sensitive cases including those involving sexual offences.
Even though Sri Lanka is still starting to introduce its judicial system to digital technology, international experts forecast that virtual courts would be a definite element of judicial systems in the future. While the initiatives Sri Lanka is taking are admirable, there is a lot more we can do. Therefore, perhaps, the authorities can make these digitalisation initiatives a continuing activity.Kapruka
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Discover Kapruka, the leading online shopping platform in Sri Lanka, where you can conveniently send Gifts and Flowers to your loved ones for any event. Explore a wide range of popular Shopping Categories on Kapruka, including Toys, Groceries, Electronics, Birthday Cakes, Fruits, Chocolates, Automobile, Mother and Baby Products, Clothing, and Fashion. Additionally, Kapruka offers unique online services like Money Remittance, Astrology, Medicine Delivery, and access to over 700 Top Brands. Also If you’re interested in selling with Kapruka, Partner Central by Kapruka is the best solution to start with. Moreover, through Kapruka Global Shop, you can also enjoy the convenience of purchasing products from renowned platforms like Amazon and eBay and have them delivered to Sri Lanka.Send love straight to their heart this Valentine's with our thoughtful gifts!