The outbreak of Covid-19 brought a number of changes in everyone’s life. Digital transactions got immensely popularised at every level. It made our world digital-friendly quicker than any scheme or initiative. Every system, be it Government or private or any other, turned on to digital platforms and with this going on; our judicial system has been no exception.
With the whole nation in lockdown and practically facing, what we call force majeure in legal terminology, the courts also came to a screeching halt, although only for a brief period. Everybody was uncertain about the normal functioning of the courts in the near future but thanks to new technology, the disruptions were short-lived. Credit must be given to the techno-savvy judges, particularly the present Chief Justice of India, that the virtual hearings in the courts started in little over one month time of the lockdown.
It showed the zeal of the judiciary to serve the people. Our judiciary was jolted to the new reality and soon adopted the virtual mode of hearings. Nevertheless, there are some advocates, mostly, elderly advocates, who are apologetic about the virtual modes of hearings in the courts.
Statutory guidelines
The Supreme Court of India issued some guidelines invoking Article 142 of the Constitution under its extraordinary jurisdiction with regard to an online system. The district courts were also directed to adopt virtual court hearings through modes prescribed by the concerned High Court.
Presently, courts are working on the hybrid mode, where physical as well as virtual mode is permitted. In some advanced countries, physical hearings are only to take place if a remote hearing is not possible and suitable arrangements cannot be made to ensure safety.
The courts’ technological infrastructure is also being rapidly upscaled to support expanded utilisation of telephone, video, and other technology (including Skype for Business, Zoom, and BT conference call). High Courts across the country have favoured virtual hearings.
Multiple advantages
There are a number of advantages to virtual hearings as they are time savers. The meetings can be scheduled properly and even if there is a delay then the other involved person does not have to wait in the courts for long hours and one can manage one’s time in the comforts of one’s home or home- cum-office. They (virtual modes) are more efficient as their working has become easier. The process for documentation and other things has become more well ordered and planned.
A virtual court system leads to more productivity. It also enables the wider participation of advocates and judges. Travelling from far distances to courts is not an issue anymore as all the involved people can attend the hearing from any place. A lawyer can argue in one court in the morning and be present at another later in the day. Also, as the information is available on a real-time basis, the digital signing of orders ensures smooth and instant communication of bail orders.
The biggest and most important merit of virtual hearing is that everyone’s safe. Health is the most important thing and if one lives in a safe environment and if the courts can provide such an environment to the litigants, lawyers, judges, and every other person involved in the working of the court, then nothing can be said to be better than that.
