04/08/2020 - Judiciary | Mainstorming

IAS Parliament 4 years

KEY POINTS

· Given the worrying situation in terms of pendency and time taken for resolution of disputes, the pandemic has led to introspection and an immediate pivot to fast-tracking innovation led by technology.

· The Supreme Court has been exemplary in adjusting and showing a progressive vision that is flexible. Efficient justice delivery will require the intervention of technology and a two-pronged approach towards dispute avoidance and dispute resolution.

Out-of-court resolution

· For dispute avoidance and containment, ODR has the potential to be both transformative and disruptive in helping reduce matters coming up before the courts, as well as in resolution.

· ODR has the potential to help solve small and medium disputes at scale before they even come before the formal court processes. ODR traces its antecedents to leading practices from alternative dispute resolution (ADR), harmonising them with the latest technology. In today’s age of data-driven solutions and machine learning, ODR has the potential to be much more than just replicating existing processes of ADR online.

· For the common man, ODR at the district level could be the ease of living nudge that ensures efficient and affordable access to justice, through remote processes.

· Similarly, ease of doing business could be stimulated through ODR mechanisms that ensure timely resolution in large numbers. Progressive and disruptive changes in justice delivery are vital cogs that can alter the course of access to justice in an unprecedented way.

· Recently, an e-Lok Adalat was live streamed in Chhattisgarh, hearing 3,000 matters over 200 Benches across districts in the State. Other courts, too, are said to be contemplating this integration of technology to make justice delivery more affordable and convenient.

Innovative mechanism

· India is leading the way in innovative justice delivery through initiatives led by the e-Courts project, whose impact will percolate both vertically and laterally.

· Given the extent of what is expected to be a major increase in claims and conflicts, ODR as a technology-led affordable solution is needed to help take matters outside the court.

· Through technology, positive intent and active implementation, ODR could be a vital cog in the bid to make life simpler for every person who seeks access to justice.