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of <h1>Court affirms e-filing mandate for Debt Recovery Tribunals, directs steps to address challenges</h1> <h3>MP High Court Bar Association Versus Union of India & Ors</h3> MP High Court Bar Association Versus Union of India & Ors - TMI Issues involved:The issues involved in the judgment are the constitutionality of amended Rule 3 of the E-filing Rules, the mandatory nature of e-filing before Debt Recovery Tribunals (DRTs) and Debt Recovery Appellate Tribunals (DRATs), and the challenges faced by stakeholders in the e-filing process.Constitutionality of Amended Rule 3 of E-filing Rules:The petition challenged the provisions of the amended Rule 3 of the E-filing Rules and sought a direction for DRTs and DRATs to continue with hybrid filing of pleadings and applications. The introduction of mandatory e-filing was criticized for not holding deliberations with stakeholders and for potentially affecting those in areas with inadequate internet connectivity.Mandatory E-filing before DRTs and DRATs:The introduction of mandatory e-filing was gradual, with initial optional e-filing, followed by mandatory e-filing for cases over Rs 100 crores, and finally for all cases irrespective of value. The move towards e-filing aimed at enhancing transparency, efficiency, and 24x7 access to the court system.Challenges Faced by Stakeholders:Concerns were raised regarding the digital divide in the country, with not all citizens having access to the internet or necessary facilities for e-filing. The Court acknowledged the need to address these challenges and ensure that no segment of citizens is left behind in accessing justice through technology.Direction and Recommendations:The Court directed Bar Associations to submit representations to the Department of Financial Services for specific difficulties faced in e-filing, while also requiring reports from DRATs and DRTs on their experience with e-filing. Additionally, the Court recommended setting up e-sewa kendras at DRTs and DRATs to facilitate e-filing and provide access to justice.Addressing Gender Divide in Technology Use:The judgment highlighted the gender digital gap in India and recommended that representations and reports consider digital exclusion based on gender. Help desks were suggested to provide a dedicated portal for female litigants, but the Court rejected a general exception for female practitioners and litigants, emphasizing equal access to technology.Conclusion:The Court issued directions to address stakeholders' grievances, ensure access to justice through e-filing, and recommended measures to bridge the digital gap. The exercise directed to be completed within three months aimed at balancing technological advancements with inclusivity in the legal system.
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