Jeswin James, BBA LLB, School of Legal Studies, Cochin University of Science and Technology, Kochi
ABSTRACT
Access to justice has reached a new dimension due to the advent and development of technology. The Covid-19 pandemic's onset signalled the beginning of a new era with the adoption of technology by the courts to allow advocates to present their cases remotely. People now are able to access the Apex court from the remote corners of the country. Once institutionalised, it is anticipated to lower litigation costs and expand the court's jurisdiction. The right to freedom of speech and expression and right to practise any profession, or to carry on any occupation, trade or business through the internet under Articles 19(1) (a) and (g) has been held to be constitutionally protected by the Hon’ble Supreme Court’s decision in Anuradha Bhasin v. Union of India.1 Hence, conducting cases through video conference by resorting to use of information, communication and technology is a fundamental right available to every lawyer under Article 19(1) (a) and (g) of the Constitution of India. While, reasonable restriction must be imposed to protect the sovereignty and integrity of India, security of State, decency or morality, contempt of court other reasons which the court believes will interfere with the administration of justice. According to Article 21 of the Constitution, the judiciary has a fundamental responsibility to reduce the longitude of the proceeding in addition to performing justice. Traveling long distances to court is no longer a problem because everyone concerned can attend the hearing from anywhere. But lately, certain courts were not providing joining links to advocates for attending cases through virtual mode.2 Although virtual courts have some drawbacks of their own, through current and emerging technologies, these weaknesses could be fixed. While, it is also to be kept in mind that open Court system is the “spine” of the legal system and cannot be displaced by the virtual court system.
Keywords: Virtual Hearing; Fundamental Rights; Virtual Courts; Access to justice; Live-streaming; Physical Courts; Delivery of Justice; Indian Judiciary
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