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ASNA JABI

ACCESSING JUSTICE IN THE DIGITAL AGE : THE IMPACT OF TECHNOLOGY ON LEGAL SYSTEM

Written by: ASNA JABI, BB.A.LL.B , 7TH SEMESTER ,KALINGA UNIVERSITY, NAYA RAIPUR

INTRODUCTION

According to experts, technology is the application of scientific knowledge to the practical aims of the homo sapiens, it is also sometimes manipulated to change the human environment. The judiciary that decides legal disputes and disagreements and interprets, defends, and applies the law in legal field. It is also referred to as the judicial system, judicial branch, judicative branch, court, or judiciary system. Technology also helps in changing legal services, thus making it more effective and efficient. It boosts the delivery of legal help by making communication and ascertaining knowledge regarding certain issues cheaper compared to technology. The most dramatic change in serving legal services electronically in mode technology is for the poor people who want to get legal help and benefit. All of them can be accessed because cost of gaining them is very less and is equally important and has the deserving quality. Technology is the art of delivering Google is the best example of getting quick knowledge, and You Tube is the best way to find a tutorial. For millions of citizens, the user-friendly interactive website by TurboTax maximizing deductions and electronically filed taxes can currently translate the complexity of tax laws. These kinds of systems will only advance in complexity as they spread into all facets of legal study, and point victims directly to court e-filing systems.

POWER OF TECHNOLOGY

As rightly said by the [French philosopher Bruno Latour) "Technology has made the society Durable" Technology is known as a game changer in the current century we are living in, from the moment a person has taken his first breath to their death moment technology plays a vital role during the lifetime. Technology having world wide range can easily cover thousands and millions of people and can help them in many matters like the happenings in the nation, and answers to many problems, etc., It has the majority devotion in the development of modern society.

ADVANTAGES OF TECHNOLOGY

  • Cost effectiveness-Video Conference between the authority and the lawyers reduces the cost of travelling and accommodation of the judges, clerks etc. 

  • Automation-Technology made organizations automated, which makes the user easily accessible to get information 24*7, Indian courts could file cases, submit valid documents and also can receive the date of hearing and can access the E-library while sitting at home.

  • Crossing over the cultural divide- technology has to bridge this cultural bringing people closer to communicating with people of different cultures and sharing their thoughts and ideas.

  • New job creation - Technology implementation in the Indian courts would demand competent persons to run the servers. Assists in the unemployment eradication process.

  • Witness protection-Witnesses due to the threats and danger could not approach the courts of law, but now they can easily give the statement without any danger.

  • Productivity will be enhanced - The use of ICT in courts would improve workflow in general and enhance court efficiency, thereby making it easier to handle many cases at the same time.

  • Storing vital data-records like files, bailing orders, warrants, and summons can be done easily that reduces the chances of misplacing documents.

MAJOR PROBLEMS DUE TO THE TECHNOLOGY

  • But people to an extent do not realize their fundamental rights. A law also states "Ignorantia juris non- excusat" which means [ignoring a law is not an excuse].

  • Hacking and cybersecurity- On top of the technology, cybersecurity is a major concern.

  • Online hearings are a challenge for lawyers who don't know about the technology and would be unfamiliar with the way of work

  • Mobile phones are nearly ubiquitous; probably everyone has them, while access to the Internet exists only for urban residents.

  • Filling Vacancies: While chatbots can never replace doctors, no matter how advanced technology becomes, there is still a very grave shortfall of judges.

  • According to the India Justice Report 2020, there were 38% vacancies in the High Court for the 2018-19 term and 22% in the lower court.

  • As of August 2021, more than four out of every ten positions for the High Court judges remained unfilled

  • This has been the case mostly, especially due to lack of technical infrastructure for online access to online hearings.

MEASURES TAKEN BY THE JUDICIARY TO DURING RIDAS OF THE COVID -19 PANDEMIC

  • In the beginning courts began filing the cases online.

  • In May 2020, the Honourable Supreme Court enabled an innovation (known as artificial intelligence and a system of E-filing.

  • These included seeing a significant backlog of cases and the unacceptably high number of open judicial positions nationwide were seen.

  • To address the judiciary's lack of digital access, the most recent Vision Document for Phase Ill of the e Courts Project has been released.

HOW IS TECHNOLOGY HELPFUL IN THE COURTS?

Only if the policies are formulated can e-courts come into existence. The Indian judicial system is highly labour driven till now. A proper structure is required because many technology centres have been set up by the government of India which aid the e-courts to be in action. Justice Bobde and Justice Ramana were of the view that Indian judiciary was paving more space for technology to make its place. The judiciary seems to be getting prepared to take up technology on a large scale, as can be judged from the adaptation of newer online methods and the requirement of laws in the technology sector. The judiciary has further set precedents which will make decisions for future judges easier and faster.

Courts have also adapted the electronic medium as legitimate in the eyes of law. Even Justice Indu and Justice Chandrachud have also shown their interest in implementing technology in courts of law.

In nutshell proper education about e-courts is required through corporate events and seminars to make as many people aware of its advantages and conveniences which can cause a pivotal change in India's judicial system long overdue.

CASE LAWS

M/S Meters and Instruments vs Kanchan Mehta - In this, it is held that the old people need not personally come to the court for hearing small issues like cheque bounce-backs and challans since they can be dealt with online:

In Grid Corporation, the court recognized video conferencing as a tool and said that testimony and evidence could conveniently be recorded using the same.

CONCLUSIONS

Technological and judicial system convergence is in a pressing requirement We must shift towards the digital analysis of legal cases. The country's law and order situation will be highly improved by spreading legal knowledge to the public. Shri. Narendra Modi, the current Indian Prime Minister. As long as society exists and there is a need for order in society, technological and legal advances will continue to be made. The public needs to be informed about changes in the legal system, and technology is essential for both-raising public awareness and expressing public opinion in this way, law and technology can be thought of as two parts of a plant that complement each other and the absence of any one of them will be felt strongly. Hopefully, the fusion of law and technology meet society's ever-expanding needs.



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