THOUGH there are a whole lot of advantages in the virtual system of court hearings, it does not mean that everything is hunky-dory. There are several demerits as well. One of the most important concerns in the virtual hearing of the cases is that it is a new system and getting acquainted with it is taking a lot of time. Most of the lawyers are not satisfied with the online working of the matters.
The next very important factor is that in a virtual hearing, it is very hard for a judge to effectively understand the body language of the accused or the victim, or to determine the credibility of the witness. In physical courts, it is comparatively easy for the judge to take note of the credibility of the witness through their body language. It is one of the psychological factors which cannot be made use of in the virtual hearing. There is also a huge risk of witness tampering as the authority cannot be aware of what is going on behind the screen, or if the witness is being manipulated.
Technical issues
Also, there are technical issues like the network problem, availability of internet facilities in a particular area, and disruption because of weak network etc. This, in turn, leads to further dragging of the case and slowing down the process of serving justice. While most of the court sessions are public, the same cannot be done in the virtual hearing. The very fact that the password of the virtual hearing meeting can be hacked, or used by other than the involved person, in a confidential case it is a huge risk.
Moreover, virtual hearing is a costly affair as not all advocates carry modern smartphones. They are also constrained by the nonavailability of unlimited data packs or broadband connections. Many advocates, who are struggling to make ends meet, can ill afford to spend a premium on sophisticated handsets or huge data plans. There are also difficulties faced by the court staff.
This is a modern era where we are moving forward to become a more digital and technologyoriented nation. Nobody can deny that physical hearings are part of the soul of our judicial system but with that, we are a country that can face any challenge, and this is a very challenging time for our judicial system, and it is facing it.
Adjudication quality
Virtual hearing does have its own limitations and it is in no way a perfect replacement for the actual functioning of the court. Accessibility is a core function when it comes to the judiciary. The quality of adjudication in the courtroom does not serve any purpose if justice cannot be accessed by people in the first place. Whatever one may say, the virtual system of hearings has come to stay; the need is to further improvise, or improve, it for better working of the courts.
