ONLINE LITIGATION – A BOON OR A BANE
INTRODUCTION
In basic terminology, virtual hearing refers to hearing that occurs over a virtual medium. To interact between the involved parties in a lawsuit, some computer programs are used. Professor Frederick I Lederer, who is currently the Director, Centre to Legal and Court Technology, United States of America, made one of the first references to Virtual Courts. He stated: –
‘A Courtroom is a place of adjudication, but it is also an information hub. Outside information is assembled, sorted, and brought into the Courtroom for presentation. Once presented, various theories of interpretation are argued to the fact-finder, who then analyses the data according to prescribed rules (determined by the judge through research, analysis, and interpretation) and determines a verdict and result. The Courtroom is thus the center of a complex system of information exchange and management. Ultimately because lawyers and judges deal continuously with ‘data,’ high technology Courtrooms exist, and Virtual Courtrooms are possible.’
The Covid 19 pandemic has sparked a much-needed revitalization of India’s Judiciary. People have realized that it is no longer possible to stop court proceedings entirely, and therefore it is also critical to keep the courts operating. The courts are already overwhelmed, and the problem is getting worse. The courts cannot be kept closed indefinitely. People do not have access to justice if the courts are inaccessible.
As a result, in India, the courts have begun to take steps toward virtual courtrooms in collaboration with the Indian government. These are just the first steps, but they will plan for future generations. Hearings over the internet are the way of the future.
VIRTUAL HEARING ADVANTAGES
- Physical presence is not needed
India’s Supreme Court is located in New Delhi, thousands of miles away. Virtual courts will lower costs, have greater access to the courts for Indian citizens, and improve convenience. The Supreme Court will be virtual if it goes utterly online. It will allow people from very far states to have convenient access to courts.
- Swift retribution
It is a direct consequence of the initial point. The speed with which a matter is disposed of reduces as the journey time reduces. The filing of plaints, serving of summons, and filing of written statements are all virtual hearings. Serving of summons has been identified as the most significant issue affecting the pendency of cases in numerous surveys. If the courts eradicate it through technology such as email, instant messaging, and other methods, the time it requires for cases to be resolved will be significantly reduced.
- Increased transparency
The Gujarat High Court in India has started streaming its court proceedings live on YouTube. All Indian courts, particularly the High Courts and Supreme Courts, are expected to do the same. The move is being welcomed by lawyers who say it will be beneficial to their client’s case.
- Education
It is necessary to invest in young lawyers and legal students to thrive for the judicial system and justice. It is common to see law students without appropriate access to the courts. They don’t learn how to play the court game. During their internships, they only go to the courts. This hurdle is removed with virtual court hearings. Students can watch the proceedings live from their universities or residences. It will provide them with an opportunity to observe how attorneys argue, prepare, and present cases.
NEGATIVITIES OF VIRTUAL HEARING
- Inadequate digital infrastructure
India’s digitalization, especially in villages and towns, is lacking in comparison to developed nations. High-speed internet service would require a significant amount of money. Internet access is required in all four locations: the examining advocate’s office, witness’ office, an advocate whose witness is being examined, and Judge’s office.
- Digital knowledge
The citizens of India are trapped in their ways, which is hard to change. People have a hard time dealing with innovation. Making people electronically educated is vital to bring about a change in the way court proceedings are conducted. Even though urban centers are in good shape, the problem continues in rural communities. As a result, the government and the courts must focus on empowering citizens to become digitally savvy.
- Possibility of misapplication
Each type of technology comes with a plague. A virtual hearing has a slew of advantages, but that also comes with a slew of drawbacks. If the Judiciary goes online, there’s a chance that someone will hack into the web server and gain access to the disputants’ personal details. Witnesses may be threatened with giving false testimony. Only the witness’s face is visible when he or she stands before a webcam to testify in court. Someone could be sitting in front of him with a firearm, threatening to kill him if he doesn’t lie.
CONCLUSION
Following the preceding discussion, it can be concluded that virtual courts are the way of the future. It might have its own issues, but it is still a requirement that Indian courts follow. The advantages outweigh the disadvantages. Furthermore, Swapnil Tripathi v. Supreme Court of India said that the live-streaming of court proceedings is a powerful instrument of enhancing the accountability of judicial institutions and of all those who are involved in the judicial process. Delay in providing justice is a matter of grave concern. Nothing has occurred since the ruling. The Supreme Court does not seem to be obeying its precedent-setting decision.
The Judiciary must adopt virtual hearings. That is not a privilege that we cannot purchase; instead, it is a requirement that we should possess. To alter, all that is required is political will merged with the judicial will. The Covid 19 pandemic could be used as an explanation to speed up the process of digitizing the Judiciary and creating virtual hearings an actuality in the not-too-distant future. For the courts, the pandemic could be a huge relief.