The outbreak of coronavirus pandemic has disrupted almost every walk of life and legal fraternity is no exception. The announcement of the pan-India lockdown to contain the virus for over 2 months has resulted in putting a halt to the gigantic Indian economy. Alongside this, the nation also observed the shutting down of the usual proceedings of the judiciary. Eminent lawyer, Gautam Khaitan considers the Covid-19 pandemic as an opportunity in disguise for the legal fraternity to go digital.
Unlocking the upholder of ‘Rule of law’
From lower to the apex court, the Indian Judiciary has proved to be an institution of utmost importance for the nation. From upholding social, political, and economic justice, courts have been the backbone of India in preserving the concept of ‘rule of law’. “Amid one of the most difficult situations of our times, the actions of the judiciary have indicated that whatever may the condition be, it will always strive to serve justice to the people.” says Gautam Khaitan.
Since the beginning of the nationwide lockdown on 25th March 2020, the total number of cases filed along with the disposal rate in the higher and the subordinate judiciary has fallen considerably. As India is slowly getting back to normal, the Indian Judiciary is also striving to return to its regular business as soon as possible. Interestingly, the Supreme Court and the High Courts across the country are in consultation with the lawyers on the idea of establishing virtual courtrooms to prevent the spread of the virus while disposing of justice.
Digitalisation and the future of Justice
While speaking on the introduction of information technology to the legal system, Gautam Khaitan has expressed his reservations about the impromptu imposition of the technology. He says, “It should be introduced with a holistic vision. Many lawyers are not tech-friendly and they might face serious issues if the courts went to virtual hearing abruptly. They are more comfortable in the physical hearing. It requires patience to apply a whole new way of communicating but I believe the experience will show that anticipated difficulties can be overcome. It is worth persisting because the overall benefits to be gained from e-court system will surely outweigh some of the inconveniences.”
“If we are planning to go digital, we must train our lawyers and paralegals with the pre- requisite skills that are required in addition to providing necessary equipment,” he added. The world is about to enter the fourth industrial revolution led by automation. Digitalisation has already interrupted the businesses across the spectrum. Hence, it is high time when the Indian Judiciary must introduce technology in its daily hearing. At the time when coronavirus positive cases are spurring up exponentially, it becomes our responsibility to contain the virus by going digital in the legal proceeding wherever we can. However, as Gautam Khaitan suggests, it would be great if it is introduced steadily with all the preparations and not abruptly so that none could feel left out.