This article is written by Neeraj Salodkar who is pursuing a Certificate Course in Advanced Civil Litigation: Practice, Procedure and Drafting from LawSikho.
Table of Contents
Introduction
Virtual hearing, in simple words, means hearing occurring on a virtual medium. Some computer software is used to communicate between the parties that are involved in litigation. One of the earliest references to Virtual Courts was made by Professor Frederick I Lederer, who is currently the Director, Centre to Legal and Court Technology, United States of America. He said: –
‘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 given impetus to the much-needed rejuvenation of the judicial system of India. People have realized that now it is not possible to completely stop the court hearings, and it is also equally important to continue the working of the courts. The courts are already overburdened, and it is burgeoning at a rapid rate. It is impossible to keep the courts closed. If the courts are closed, people do not get access to justice.
Therefore, in India, the courts, in tandem with the Indian Government have started taking steps towards virtual courtrooms. These are only the first steps, but these first steps that will pave the way for posterity. Virtual hearings are the future.
Benefits of virtual hearing
Following are some of the benefits of virtual hearing:
No need for physical presence
There is only one Supreme Court in India, and it is located in New Delhi. The Supreme Court is believed to be a behemoth that protects the fundamental rights of the citizens of this country. Why should such a place be situated only in one location thereby rendering it inaccessible to others? New Delhi is so far away from so many places in India. It lies thousands of kilometers from the South and the North-Eastern states. Why should the people of these states be deprived of access to justice? The answer lies in virtual hearings. If the Supreme Court goes completely online, even the people belonging to far-flung states shall have easy access to justice. In the current scenario, a person sitting in Kerala has to engage a lawyer who in turn, goes to New Delhi to represent his client. It is evident that the lawyer shall not do this for free. He shall charge his client for the traveling and living expenses that he shall incur if he needs to go to New Delhi for a few days. This makes justice too costly. If the Supreme Court allows virtual filing, hearing, etc., the cost of litigation will reduce significantly. The same can be said for almost all the High Courts of India. There are only 25 High Courts in India. The access to these High Courts shall also become convenient for citizens.
The virtual hearing also makes it convenient for the witnesses to attend the courts. The witnesses only need a working computer (even a mobile phone shall do) and a working internet facility. He can readily testify in court. It is evident that the court shall require some safeguards, but it is only a petty problem compared to the benefits.
To sum up, virtual courts shall reduce the costs, widen the accessibility of the courts to the citizens of India, and also increase convenience.
Swift justice
This is a direct ramification of the previous point. As the traveling time decreases, so shall the speed of disposing of a matter. Virtual hearings include not only the hearing part but also the filing of plaints, serving of summons, and the filing of written statements. In many surveys, it has been seen that serving of summons is the biggest issue for the pendency of cases. If the courts eliminate it by using technology like email, instant messaging, etc., it shall significantly reduce the time taken by the courts for disposing of cases.
More transparency
The Gujarat High Court1 recently started virtual hearings and also live streaming of all the matters before the Chief Justice of that court. Therefore, any person sitting anywhere in the world can live stream the matters on YouTube. It can be extremely beneficial to a client who can observe what is happening in his case, how and what his lawyer is arguing before the court. The clients can judge whether their appointed advocate is properly representing them or not. It is expected that all courts in India, especially the High Courts and the Supreme Courts, follow the Gujarat High Court and implement live streaming on YouTube.
Education
For judiciary and justice to flourish, investment has to be made in the young lawyers and law students. It is often seen that law students do not have proper access to courts. They do not learn court craft. They only visit the courts in their internships. Virtual hearings of courts do away with this barrier. Students can directly live stream the matters sitting in their colleges or homes. It shall give them an opportunity to see how advocates argue, how they prepare, and how they present the matters.
Some cons of virtual hearings
Poor digital infrastructure
Compared to developed countries, the digital infrastructure in India is poor, especially in villages and towns. Therefore, to upgrade to virtual hearings, a huge amount of funding would be required. As it is well known, hearing requires examination of witnesses, cross-examination, and also re-examination. The internet connection needs to be top-notch for this to function. If it is not so, the advocate conducting the cross-examination would not be able to question the witness properly. The witness would not be able to properly answer and the judge shall not be able to deliver his judgment. The internet connectivity needs to exist in all four places; the place of the examining advocate, the place of the witness, the place of the advocate whose witness is being examined (so as to take objections), the place of the judge. Examination of witnesses is an integral part of the courts, and it must be done smoothly for the proper administration of justice.
Digital literacy
People in India are stuck in their orthodox ways. Change is difficult. People find technology difficult to handle. To bring out a change in the manner of court hearings, it is necessary to make people digitally literate. Even though the condition in the urban areas is decent, problems still persist in rural areas. Therefore, the primary role of the government and the courts must be to empower people to be digitally literate.
Possibility of misuse
A curse accompanies every piece of technology. Virtual hearing brings a myriad number of benefits, but it also brings plenty of troubles as well. If courts go online, there is a possibility of people hacking into the servers of the courts and accessing the personal data of the litigants. Witnesses may also be threatened to give false evidence. When a witness stands before a camera to testify before the court, you can only see the witness’s face. A person may be standing before him, holding a gun, threatening to cause death if the witness does not lie.
Conclusion
After the above discussion, it can be said that virtual courts are the future. It may have its fair share of problems; it still is a necessity that needs to be adopted by the courts in India. The benefits outweigh the issues. Moreover, in Swapnil Tripathi v. Supreme Court of India, the following was held, “Live-streaming is a significant instrument of enhancing the accountability of judicial institutions and of all those who participate in the judicial process. Delay in the dispensation of justice is a matter of serious concern. Live-streaming of court proceedings will enable members of the public to know of the causes of adjournments and the reasons why hearings are delayed; and Above all, sunlight is the best disinfectant. Live-streaming as an extension of the principle of open courts will ensure that the interface between a court hearing with virtual reality will result in the dissemination of information in the widest possible sense, imparting transparency and accountability to the judicial process.” Since this judgment, nothing has happened. It seems that the Supreme Court is not following its own landmark judgment.
The Indian judiciary must adopt virtual hearing. It is not a luxury that we cannot afford, but it is a necessity that we must have. It only requires some political will combined with the will of the judiciary to change. The Covid 19 pandemic may be used as an excuse to expedite the process of digitization of courts and making virtual hearing a near-future reality. The pandemic can be a blessing in disguise for the courts.
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