Updated: September 11, 2020 4:50:52 pm
The parliamentary panel said that virtual courts “constituted an advance on the existing system” and that “they were worth adopting.”
A parliamentary panel on Friday recommended the continuation of virtual courts, which started in March due to the pandemic, saying that “digital justice is cheaper and faster.” The Parliamentary Standing Committee on Law and Justice, headed by MP Rajya Sabha Bhupender Yadav, opined that the court was “more of a service than a place”, and that advocates must “keep up with the changing times” as the technology “will emerge as a game changer.”
This was the first report presented by a parliamentary panel on the impacts of Covid-19. The interim report was presented to Rajya Sabha Vice President and President Venkaiah Naidu.
“The parliamentary panel strongly proposed that virtual courts affirm that digital justice is cheaper and faster as well as addressing location and economic disadvantages; guarantees the safety of vulnerable witnesses who give testimony; it streamlines processes and procedures and is an improvement over traditional courts, as they are more affordable, citizen-friendly and offer greater access to justice, ”a press release reads.
The committee also noted that “in the coming times, technology will emerge as a game changer and advocates will be required to utilize technology skills in combination with their specialized legal knowledge and therefore must keep up with the changing times.” .
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In response to reservations raised by representatives of the Bar Association, the panel acknowledged that the virtual courts had “shortcomings” but said that they “constituted an advance over the existing system” and that “they were worth adopting.”
“It is time for the courtroom, which is often considered the last bastion of antiquated labor practices, to open its doors to the latest technology,” the panel said.
The lawyers had raised the infrastructure limitations for virtual court proceedings (they stated that more than 50 percent of defenders did not have laptops or computers) and argued that it favored “tech savvy defenders.” They also said that it deprived the lawyers of the opportunity to alter the course of the argument based on the “changing dynamics of a case during a hearing.”
“A defender comes to understand the judges’ state of mind and is more likely to convince them during physical hearings. However, the online audience creates psychological pressure on both defenders and judges … Evidence recorded via videoconference can distort non-verbal signals such as facial expressions, postures and gestures, “they told the parliamentary panel.
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The panel suggested that several Courts of Appeal, such as TDSAT, IPAB, and NCLAT, move to a system of complete virtual procedures as they do not require personal appearances from parties or advocates.
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