Most professions were forced to operate in a virtual mode as a result of the pandemic, Covid19, and the Indian judiciary was no exception. During the first wave of COVID-19, the courts went online and began hearing cases virtually later, as the intensity of the pandemic decreased, a hybrid system of hearing was implemented, giving advocates the option of appearing for a physical hearing or to appear for a virtual hearing.
The use of e-filing and e-payment of court costs had been implemented. Arguing cases from the comfort of our homes had its own benefits:
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It reduced physical exertion, was cost-effective, and increased the advocates efficiency by allowing them to use their time wisely by reading, drafting, speaking with clients, and conducting research while waiting for their turn for a virtual hearing. Many prominent advocates were defending matters in the Supreme Court from diverse places and many attorneys from New Delhi were arguing matters in the Supreme Court, reducing the distance between them and the Supreme Courts.
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Many young attorneys, were now seen debating issues at the Supreme Court, which was previously a faraway fantasy for them. From May 31, 2021, the Karnataka High Court began live broadcasting of cases, making the Courts’ doors open to anybody who wanted to view the procedures and arguments.
The High Courts' digitization of judicial processes, has demonstrated that we can no longer disregard technology; nonetheless, concerns of the digital divide must be addressed. Advocates, who are not tech-savvy, as well as, those from rural areas, should not be left behind; suitable training for advocates and court personnel should be incorporated and implemented.. The infrastructure of district and tehsil level courts must be upgraded to keep pace with the technological advancements.
The virtual hearings had their drawbacks, too; such as low audio quality and network difficulties, and attorneys dressed in unusual ways, such as one lawyer wearing a vest while arguing a bail case, another lawyer arguing while sitting in a car, and another lawyer found to be smoking. Guidelines for virtual appearances have also been issued by the High Courts. Despite the fact that all of these concerns were addressed, technology cannot be entirely relied upon.
Though we can't separate law from technology and expect them to function independently, we cannot deny the fact that technology is here to stay; so we must adapt to the fast changing pace of technology. Advocates, who do not engage in the forthcoming virtual developments in the legal business will risk becoming obsolete over time. Since it is not ideal to rely solely on technology; hybrid systems are being implemented in many areas, with both alternatives being considered. The necessity and need of the hour, is to raise awareness and provide adequate training for court personnel, advocates and judges. Justice should not be a privilege reserved for the select few, but rather a right granted to everyone.