Hyderabad: With the COVID-19 lockdown, the entire world has come to a standstill. As a result, all systems have abruptly come to a halt, including the judiciary system.
Courts, like all other systems, have been facing disruptions due to the current situation. All the systems are working hard to maintain their workforce and system procedures through the use of technology. Likewise, now is the time for the legal system too to step in and take advantage of the current critical conditions and adopt technology as a tool for taking up new innovations in the implementation of their procedures.
The client or lawyer should be able to run cases through the court without going through the various steps that need a physical presence in the courts. We need to set up the mechanism and systems to suit such measures. In each court, a licensed lawyer should be allowed to have video conference facilities at home and put it to use as required.
Further, the possibility of questioning the witnesses should be explored through video conference itself. If this is not possible, the court may conduct court proceedings that do not involve witnesses through video conferencing, so that clients in remote areas do not have to come to court during the lockdown.
Most of the emergency hearings, such as bail petitions in the courts, are being heard through video conferences. There have already been some limited technological changes, such as video conferencing while maintaining physical distance too. It is customary for crowds to gather in courtrooms. Solving this problem can be accomplished by e-filing documents, showcasing courtroom hearings through live webcasting, and recording evidence online in generic cases.
However, it is likely that many problems will arise, such as providing technical training to the court staff, prosecutors, lawyers, police and petitioners.
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The judiciary system is the backbone of any democracy. In situations where the administration is not adhering to democracy and certain sects of people or authorities are resorting to unlawful actions, the ultimate hope of the citizens of a country lies vested in the judicial system. Our country follows a three-level judiciary system, which has about millions of cases accumulated within the system.
Though the whole country is getting ready for reform in the legal system, the required word is not reaching the ears of the concerned personnel. For any system to be reformed, it is imperative that the problem within the system be identified. As long as the problem is not acknowledged, taking up reforms will not bear any result.
The main problems in our judiciary system are the lack of the required number of courts and judges, the lack of accountability for the courts, and the lack of accountability to the profession. It is not feasible to solve such problems in the judiciary at one go.
Further, the innumerable cases that have been accumulating for years together are also difficult to be solved at a single stretch. Over 60,000 cases have been accumulated in the Supreme Court itself. A total of 3.23 crore cases are yet to be settled in the High Courts, including 48.18 lakh cases in the lower courts.
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However, with the COVID-19 pandemic, the Indian Government is undertaking multiple reforms to revive the economy. There is a belief that investing in the judicial system to resolve unsettled cases will give investors greater confidence to come forward and invest in the Indian market.
Filling up of the judge vacancy positions, use of technology such as artificial intelligence, and qualitative and quantitative changes in judicial representation are currently part of the judicial reform process in India. These are one of the mandatory requirements for India at present.
Everyone has a responsibility to reform the system. Each zone must have at least one court to advance in this direction. Adequate placement of judges and staff are required in each court. Courts also have to work eight hours a day. There should be a specific time limit for closure of each case. Courts must set a time limit and establish self-regulation. Reserving the verdict post hearing should be minimised as much as possible.
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