Technological Innovations in India’s Legal Sector for Access to Justice During and Post Pandemic

Abstract

The COVID-19 pandemic has had a significant impact on the legal landscape in India, particularly in the context of technological innovations during pandemic. The pandemic has accelerated the adoption of digital technologies in various sectors, including the legal sector. The Indian government and the judiciary have introduced several measures to promote digitalisation and technology, including the introduction of online courts and the development of digital infrastructure for the legal system. The measures to promote the use of digital technologies and improve access to justice were the key developments. The introduction of e-courts and virtual hearings using video conferencing technology in the Supreme Court and several High Courts in India were the landmark steps towards justice delivery system during pandemic. Even subordinate courts have also introduced e-filing in which the litigants were required to file their documents electronically, and the court clerk reviews the documents and verifies them. Once the documents were verified, they were uploaded to the court’s electronic case management system. With the use of technology, the virtual hearing conducted using video conferencing and the litigants participated from their homes or offices. During the hearing, the judge, lawyers and litigants saw and heard each other through their respective screens. After the hearing for record-keeping, the courts prepare a transcript of the proceedings and save it in the electronic case management system. The litigants could access the transcript and other documents related to the case through the online portal. Further, the government has introduced several measures to improve the digital infrastructure and platforms for the legal sector. National Judicial Data Grid, a database of orders, judgements and case details of 18,735 District & Subordinate Courts and High Courts created as an online platform under the e-Courts Project. The government has also launched several legal information portals that provide access to legal resources and information, such as case law, legal databases and law journals. The adoption of digital technologies is likely to continue to play an important role in improving access to justice in India in the post-pandemic era that has several advantages in saving time and costs associated with physical travel to the court. It also reduces the backlog of cases and improves access to justice for litigants who live in remote areas. Additionally, virtual hearings provide greater flexibility to litigants and lawyers, who can participate in court proceedings from anywhere in the world. The pandemic has highlighted the potential of online dispute resolution (ODR) to provide an efficient and cost-effective alternative to traditional dispute resolution mechanisms. The Indian government has introduced a draft policy on ODR to promote the use of technology in dispute resolution. So in this background, how these courts worked during pandemic time, what changes made and are made in the legal sector will all be explored with the role of technology in access to justice and dispute resolution during and after pandemic.