Modernising Access to Justice through the Application of Virtual Hearing in India; Focusing on e-Lok Adalat in India
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The purpose of this paper is to reconsider whether our Judiciary is ready to overcome the requirement of non-face-to-face meetings even if we face another Pandemic situation, such as a social lockdown that might cause closing courtroom. Then, it anticipates that our legal system would be forced to adopt virtual hearing without physically show up in the courtroom. However, to apply for the process of virtual hearings, it is required that the infrastructure and implementation of legal proceedings, such as the protection of privacy and confidentiality during the virtual hearings. Therefore, it provides both necessities and possible difficulties of application of virtual hearings and online platform. However, this paper continuously raises concerns that a hybrid of Judicial and alternative methods could be an efficient method. But when videoconferencing technology is applied, it might bring unexpected legal barriers, such as confidentiality and data privacy concerns, inviting data privacy legislations such as the Digital Personal Data Protection Act, 2023. In addition, the application of ODR also requires a well-organized infrastructure, including access to the internet and proper devices. In short, this paper spots the issue of online technology for virtual hearings and videoconference platforms for dispute resolution.
Abstract
The purpose of this paper is to reconsider whether our Judiciary is ready to overcome the requirement of non-face-to-face meetings even if we face another Pandemic situation, such as a social lockdown that might cause closing courtroom. Then, it anticipates that our legal system would be forced to adopt virtual hearing without physically show up in the courtroom. However, to apply for the process of virtual hearings, it is required that the infrastructure and implementation of legal proceedings, such as the protection of privacy and confidentiality during the virtual hearings. Therefore, it provides both necessities and possible difficulties of application of virtual hearings and online platform. However, this paper continuously raises concerns that a hybrid of Judicial and alternative methods could be an efficient method. But when videoconferencing technology is applied, it might bring unexpected legal barriers, such as confidentiality and data privacy concerns, inviting data privacy legislations such as the Digital Personal Data Protection Act, 2023. In addition, the application of ODR also requires a well-organized infrastructure, including access to the internet and proper devices. In short, this paper spots the issue of online technology for virtual hearings and videoconference platforms for dispute resolution.