“Justice delayed is justice denied”: Could AI and Data Science be the answer to India’s judicial backlog?

More than 21 million cases stuck across different courts; I don’t know the exact numbers, but that is what articles say. One of them said that if hypothetically all judges worked continuously without any break, it would take them 35 years to clear the backlog. And that probably is an extremely very optimistic estimate.
I don’t know how we got to this point. I feel I have been hearing about this since I was a child, watching it in movies. Ofcourse, there is lot of analysis out there, on what reduces the efficiency of the system, from number of adjournments that ought to be allowed to a whole lot of such procedural requirements. I suspect, a lot of efficiency also gets locked in the piles of files, personnel changes, etc.
Whatever it is that got us in this mess, the question now is..
Where do we go from here?
Is there a way out of this conundrum? Maybe Artificial Intelligence and Data Science can help ..
#1) Robocop — filing FIR, case allocation and tracking
Let us begin from the beginning — with the filing of reports in criminal cases. It is common knowledge, that in too many cases, especially when it is powerful v/s the rest, just getting an FIR lodged is a challenge. Justice gets choked even before it can start its journey.
There is technology already for robots who can interact with humans in different roles. People are preparing to work with robots as nannies, in schools, at workplace. Robots are also being used for writing these days.
FIR is in its most fundamental form, is the incident as described by the person filing the report. The police’s role is to document that, and ask a few questions to make the description complete. We may also expect that the role of a human being, even if in role of a police, will be to empathize in a moment of misery. But that is often not true. Humans in the role of taking down an FIR may intimidate and inhibit, instead of empathize.
Robots, with their programmed empathy, might fare better than human beings.
Therefore, robots may have all the skills needed to do the job.
Infact, why can we not de-link FIR filing from police stations altogether?
Could there be robot-managed complaint hubs, where bots are programmed to take down complaints? Further data science can help sorting, assigning and tracking of complaints.
This could have many benefits:
1. No citizen will be blocked from seeking justice
No individual police officer will be able to deny taking down an FIR, no powerful person will be able to create roadblocks, no logistical barrier (which police station’s jurisdiction it falls under, kind of issues) will matter.
All citizens will be able to seek justice
2. It will help law enforcers plan and assign resources better
Often you hear police complain about resource constraints. And for the ones, who are actually committed to the cause, that might be true. Automated ticketing, prioritizing (based on nature of issue), and allocation — will help track teams that need more resource — and enable allocation of resources based on need and workload.
I am not aware of how manpower planning for the law enforcement agencies are done. But I suspect, it does not entirely factors in the actual need (based on law and order situation). When the real data is available, newer ways of manpower planning and staffing may become possible.
- It will bring real transparency and accountability — MAY open doors to new ways of assessing performance in public service
They say “information is power”. When people want to retain power with themselves — the first thing they try and do is control information.
That is why transparency is something that so many seek, while others resist.
When all cases get registered, we will know the real law and order situation. The accountability will start with the bureaucracy, at the macro-level, and each law enforcer in the micro-level. It will provide data for key metrics that can measure performance of law-enforcement agencies — and most importantly — how to improve it.
It will also provide real-time data on which laws need reform, legislation, etc.
#2) Data Science driven court-case allocation, tracking, documentation, cross-referencing
How cases move from a lower court to a higher court, moves through a complex web of procedures, adjournments, maybe even change of judges (given cases run for years), appeals, etc. Cases vary in priority and complexity (and both may not be related — not all cases of high priority may be equally complex), laws that govern them, or sometimes the very need for a law may arise.
Justice is one of the most intricate and complex concepts of human society.
But complex need not mean complicated.
Which is what we have made it out to be today.
Can we remove some of that complexity using technology?
- Can each case be mapped according to different criteria like which section of the law govern it, aspects of the case that decides complexity, nature of evidence (human evidence, non-human evidence)?
- Can it data mine and cross-reference (similar cases, precedence)?
- Also create a system of mapping experience, competency, expertise areas, availability of judges and public prosecutors?
And can all of these come together to create a more efficient mechanism?
Now one might assume that the biggest roadblock to implementing something like this may be the mammoth logistical challenge of actually getting all that data into the system.
But, that will be the least of challenges.
The biggest roadblocks will come from those who have created and benefited from this system.
They will use logistics as an excuse.
Don’t get me wrong. It is not going to be easy. But we have seen some far-reaching reforms implemented in the country real fast. And India is a country, that even Indians in India can grossly underestimate the difficulty of managing it. Yet, reforms have been implemented, when there was real will. All it takes is a brave and forward-thinking leader.
So I believe it can be done, if we are determined to do so.
Finally, these are just ideas — some very possible possibilities. When many intelligent minds will come together they will come up with better ideas and ways to implement it. I have no doubt about the capability of the people in this country — provided they commit to the cause.
I am not a technologist. Neither a lawkeeper.
But it does not matter.
And here’s why:
Because justice does not concern only law makers, enforcers, lawyers, judges.
They merely enable justice.
Justice concerns every member of the civil society.
Therefore the justice system must be simplified, made accessible and understandable by everyone.
Finally, as Sirius Black expresses in Harry Potter and the Prisoner of Azkaban:
“Let me commit the murder, I was imprisoned for..”
The judicial processes of the society does not only hurt those who are denied justice, but it creates an imbalance in the society, where each person begins to seek justice individually, according to their personal understanding, instead of shared values and beliefs.
And that might be a dangerous society to live in.
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Swati Jena is a writer and entrepreneur. While she writes on a wide variety of subjects, her favorite topics are leadership, culture, artificial intelligence, education and ‘self’.
She is the founder of GhostWritersWorld (LinkedIn Page).
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