Unlocking Justice: How Virtual Courts Are Revolutionising Access to Fair Trials

The concept of virtual courts is one technological innovation that witnessed significant growth, particularly during the COVID-19 pandemic. Fortunately, even beyond the pandemic, courts continue to embrace the e-courts model, demonstrating a strong commitment to its adoption across various stages of the trial process.

Currently, more than 4.5 crore cases are pending in our courts all over India, and the more unfortunate thing is that this number has not changed much over the years. From time to time, whenever the question of how to deal with the issue of the pendency of cases is raised, one of the most answered outcomes is to integrate technology within the current judicial system to whatever extent possible. The concept of virtual courts is one technological innovation that witnessed significant growth, particularly during the COVID-19 pandemic. Fortunately, even beyond the pandemic, courts continue to embrace the e-courts model, demonstrating a strong commitment to its adoption across various stages of the trial process.

Virtual Courts is a comprehensive judicial platform operating online, managing not just trials but also the submission of case filings, processing of fee payments, and delivery of judgements. This is a broader aspect of virtually held trials, or it can also be said that virtually held trials are a subset of virtual courts – the former being limited to just the trial stage of a case, which includes hearing arguments, examining witnesses, and rendering judgments. The latter, however, covers all aspects of the judicial process, i.e., from filing a case to the declaration of a final judgment.

With the advancement of technology, its evolving ease of use and consequentially, its rapid adaptation, virtual courts have benefitted legal and judicial systems in a numerous way. A few of them are discussed below:

1. Improved Accessibility

India has a ratio of 21 judges per 10 lakh people, which in itself shows how overburdened our judges are. And in this, if the parties to the case, or their counsels, or any witnesses are unable to attend the court hearing due to distance, mobility issues, or other constraints, this backlog of cases increases further. Here, virtual courts play a pivotal role as they allow individuals to access the courts in a virtual manner and proceed with their case – breaking several barriers all at once.

2. Cost and Time Savings

The harsh reality of today is that filing a case involves a huge sum of money, and this cost depends on various factors, including litigants and counsels time and expenses incurred in the repetitive travels to the court. However, through virtual courts, professionals can focus more on their case preparation, reduce the hassle involved in running to and from different courtrooms, and subsequently save a substantial amount of time, money, and resources.

3. Enhanced Confidentiality

In sensitive cases where it is important to keep the identity of an individual secret, these virtual courts provide a helping hand by allowing that person to attend via virtual hearings. This way the person’s identity can be kept private, and moreover, this also protects them from getting unwanted public recognition.

4. Efficient Case Management

Allowing minute yet important steps, like filing a case or paying court fees, to be done virtually speeds up the entire judicial process. Virtual platforms also help in scheduling cases, recording hearings, and facilitating resource allocation among judges. All this improves the overall efficiency in the working of courts.

The evolution towards virtual court formats carries significant implications for ensuring equitable access to justice. A few of them are discussed below:

1. The Wider Reach Raises Further Concerns Around Equitability

Virtual trials and courts have encouraged the participation of people from different backgrounds to have their say in necessary instances, whenever needed, without any major hurdle. However, this virtual space has created a digital divide which hampers those who do not have access to or understanding of this digital world. Sometimes, there could be no private spaces for conducting confidential proceedings, and many a time there can be issues in language interpretation services leading to further complication in an already complex case.

2. The Rise of a New Technological Barrier

Virtual courts have no doubt helped a lot in dealing with the traditional barriers like geographical restrictions and financial hardships in allowing individuals to participate more actively in the judicial system at minimal financial cost. But to access justice through these virtual court formats is hinged on proper access to the Internet. In the year 2020, the Supreme Court in the case of Anuradha Bhasin vs. The Union of India upheld the notion that the right to access the internet is a part of the fundamental rights of a person. However, as per early 2024 statistics, only 75.15 crore people have access to the Internet in India, which accounts for 52.4% of the total population. Thus, providing the remaining population digital literacy and making them comfortable with the virtual platforms is still a long road ahead. And even after having access to the Internet, other technological issues including software updates and cybersecurity among others, can still disrupt the court proceedings.

3. Balancing Speed and Challenges

Efficient and timely management of court processes significantly enhances the likelihood of faster case disposal. Swift resolutions not only expedite justice but also foster a positive public perception of the judicial system, strengthening the common man’s trust in it. However, certain challenges to the timely administration of justice persist. These may include difficulties in assessing the credibility of witnesses in virtual settings, inadequate cybersecurity measures for virtual platforms, and the potential for virtual environments to hinder effective communication and rapport between advocates and their clients.

While the integration of technology through virtual courts offers numerous benefits and aligns with the need to adapt and evolve with time, it should not be viewed as a complete replacement for traditional court systems. As highlighted by former Chief Justice of India, Justice D.Y. Chandrachud, virtual courts have facilitated the disposal of 1.78 crore cases, showcasing their significant potential. However, traditional methods remain indispensable in many situations where they prove to be more effective. Therefore, a balanced approach is essential – one that seamlessly integrates both traditional and modern systems to ensure a meaningful and impactful administration of, and access to, justice.