Technology and Law

Digital justice in the post Covid world : Evolution or emergency response

The Covid 19 pandemic brought the world to a standstill courts  shut  down, physical movement was restricted and access to justice became one of the biggest causalities. However admits this chaos , technology emerged as a powerful tool to ensure that justice delivery continued. The concept of digital justice became more than just a future ambition. It became an urgent necessity.  

What is digital justice?

Digital justice refers to the use of technology to deliver legal services conduct proceedings and ensure access to justice.

It involves tools like video conferencing for hearings, Online filing off petition, E – courts and digitised rec , virtual legal aid and mediation.

 Before the pandemic , these ideas were considered secondary or optional . But the crisis changed that making digital transformation and emergency response strategy.

Justice during the pandemic: a global emergency

The global health emergency forced governments and legal systems to act fast . Courts  had to shut their doors physically but justice could not be paused indefinitely.  In this context digitalization became the emergency response to keep the system functioning.

 India’s response

India responded with several measures to prevent the collapse of its judicial machinery

  • Virtual courts – Hearings began via video conferencing across High Court and the supreme court .
  • E- Filing – Online systems were set up for submitting petitions and applications.
  • E-Seva Kendras – These service centers were established in court complexes to assist those unfamiliar with technology .
  • Legal Aid via phone – Legal services authorities began offering helplines and online legal advice.

The Supreme court used platforms like Vidyo and later moved to zoom and Webex . High Courts followed suit , setting up their own virtual court systems.

The evolution of digital justice

Digital justice did not appear overnight. The Indian judiciary had already begun working on e-courts under the E-courts mission  mode project  since 2005. However , the pandemic acted as a catalyst , speeding up the process that was otherwise progressing slowly.

Phase 1 – pre pandemic efforts

  1. There was establishment of E- committee of the supreme court.
  2. Development of the national judicial data grid ( NJDG).
  3. Introduction of e court services mobile app.
  4. Creation of infrastructure in courts for digitization .

Phase 2 – Pandemic -induced acceleration

  1. Rapid development of video conferencing tools .
  2. Guidelines issued by the supreme court for remote hearings .
  3. High courts like Delhi and Karnataka became pioneers in digital adoption .
  4. Training for judges and lawyers on using digital platforms .

Phase 3 – post pandemic integration

Now that the emergency has passed , courts are trying to integrate to integrate virtual tools with physical proceedings . hybrid courts are becoming more common . where some parties appear in person while other join online.

Advantages of digital justice

Digital justice brought  many unexpected benefits , even in a crisis.

  1. Increased accessibility

People living in remote or rural areas could now attend hearing without traveling log distance . it also made justice more  accessible for women , the elderly and the disabled.

  • Cost effective

Digital hearings  reduced travel and accommodation expenses for litigants and lawyers. It also saved time , which is crucial in the already overburdened Indian judicial system .

  • Speed and efficiency

E-filing and digitized records helped  reduce delays . Judges could access case files instantly , and adjournments become less frequent .

  • Environmental benefits

With less paper use and fewer people traveling , digital justice has also contributed to reducing the carbon footprints of the legal system.

Challenges faced in the Digital transition

  1. Digital  divide

Access to technology remains unequal . many lawyers and litigants lack smartphones , internet  access , or the digital literacy required to participate in virtual hearings.

  • Connectivity issues

 Courts in rural and semi -urban areas struggle with poor internet connectivity. Even judges sometimes face disruptions during hearings.

  • Lack of training

Judges, court staff and advocates need regular training to use technology effectively . initially , may faced difficulties due to lack of technical know-how.

  • Data privacy and cybersecurity

Digital hearing increase the risk of data breaches and privacy violations . many sessions on unsecured platforms raised concerns about confidentiality and the right to privacy.

  • Exclusion  of Marginalized groups

Women, Dalits , tribals and others from marginalized communities often have the least access to technology . the digital  shift risks excluding them further unless inclusive policies are adopted.

Legal frameworks and policy support

Several judicial guidelines and executive initiatives supported the digital transformation.

  1. Supreme court guidelines

In 2020 , the supreme court laid down guidelines the conduct of court  proceedings via video conferencing under Article 142 of the constitution.

  • Information technology act, 2000

This Act provides the legal foundation for electronic records, digital signatures and cyber law, all of which are relevant for virtual courts .

  • Draft digital courts vision document

The supreme courts e-committee released a draft vision for phase III of the e-courts project in 2021, proposing .

  • Paperless courts
  • Artificial intelligence
  • Open data and transparency
  • Use of cloud computing

Judiciary’s changing role in the digital age

The transition to digital justice is not just about using gadgets. It reflects a deeper change in how the judiciary function.

  • Judges must adapt to tech- based case management.
  • Courtrooms are no longer limited to four walls.
  • Open courts are now virtual and accessible to the public through live streaming.

Live streaming of proceedings by courts like Gujarat , Karnataka and the Supreme court has brought greater transparency and accountability in the recent years  .

Comparative perspective : global experiences

United  states

Us courts adopted remote hearings widely using tools like Zoom. Some states passed emergency rules to conduct jury trials virtually.

United kingdom

The UK introduced the cloud video platform to manage remote  hearings. Legislation was amended to ensure fair virtual trails .

Singapore

Singapore’s judiciary had already invested heavily in technology . the pandemic merely strengthened its  digital justice ecosystem , including the Community Justice and Tribunal systems .

India can learn from these models, especially  in terms of digital infrastructure  and inclusivity.

Way forward :  Recommendation for sustainable digital justice

  1. Bridge the digital divide

The government and judiciary must work together to ensure access to digital devices , affordable internet , and training for all sections of society.

  • Strengthen cybersecurity

Invest in secure platforms and create protocols for privacy protection to prevent cyberattacks and data leaks .

  • Legal reforms
    Laws and procedural codes should be updated to officially recognize digital hearings , e-filings and electronics evidence.
  • Encourage hybrid models

A combination of physical and virtual hearings should be encouraged depending on the nature of the case, convenience of parties and urgency.

Conclusion

The covid-19 pandemic taught us that justice delayed is not just denied but with due diligence it can also be digitally delivered. While digital justice was initially adopted as an emergency measure, it has now become a permanent part of the legal landscape. The journey from lockdown courts to virtual hearings is a lesson in resilience , innovation and the need to reform justice systems to match the needs of the 21st century.


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