Alisha Bhandari
In the times of COVID-19, legal professionals are having a hard time to stay safe and get their clients’ cases heard. Following a resurge in COVID-19 cases, the government has imposed a prohibitory order to fight the deadly outbreak. Even though essential services are permitted to operate amid the restrictions on public mobility, many services considered essential by the constitution are still overlooked, including the legal services.
Rule of law has always been an important part of good governance and it needs to be ensured whatever the situation is. Due process of law, equality before law, protection and promotion of the basic human rights must be ensured even during a crisis.
Currently, the courts have halted their day-to-day operations, which may have a negative impact on principles such as timely and fair hearings. It might also contribute to increased case backlogs, and lengthy judicial and administrative proceedings. Only urgent and priority cases are being heard in the present context.
The pandemic has forced us to bring about changes in our lifestyle. For an instance, work from home and remote learning has now become a globally accepted phenomenon. As COVID-19 is our harsh reality, an alternative method must be sought to keep the court running so that no one is denied their access to justice.
In view of the present situation, the nation's legal system should advance with new ways to set up a virtual legal system for ensuring that the pandemic does not adversely impact the timely delivery of justice.
While various health and socioeconomic sectors are being facilitated by the government so that services provided to the citizens are not affected, the fact that people go through various legal issue even amid crisis must be taken into consideration. Issues such as domestic violence, discrimination and sexual offence among others are continuing even today, while most parts of our nation are now in lockdown.
Women, children, marginalised communities, detainees, sexual minorities, senior citizens, persons with disabilities are the most vulnerable group. Thus, they need protection, especially during the present scenario. More critically, daily-wage labourers and migrant workers are facing a number of challenges. People working in the private sector are being laid off. This is the time they need legal assistance.
Access to justice is a fundamental right and virtual legal system can ensure access to justice and help in adjudicating cases in a prompt manner as it is said that justice delayed is justice denied.
There are many advantages of viratual hearing. It facilitates a lawyer to argue in any court from any part of the country. And several cases can be heard in a short span of time and one will not need to travel day and night to access justice.
Virtual Courts also allow vulnerable witnesses to provide testimony from a safer environment making it more convenient and less traumatic for children, women and victims of abuse and the differently-abled who cannot easily attend physical hearings in courtrooms. Moreover, the benefits of e-filing include speed, accuracy, cost reduction, space savings, reduced environmental impact and necessity.
Every crisis comes with an opportunity. Information, Communication, and Technology (ICT) is one of the means that law enforcement agencies should be aware of and be active in introducing and institutionalising online court systems.
There may be some shortcomings of virtual hearing as information could be hacked, and the courts may have to struggle with poor network. However, these issues can be resolved with the help of expertise backup. Also, we have witnessed many countries operating virtual court system and it has proven to be beneficial. So, the law enforcement agencies should work towards developing a virtual legal system.
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