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Role and Future of Legal Technology in the Indian Judicial System

Introduction to Legal Technology

In today’s fast-paced and ever-changing world, technology and innovation have become integral to every facet of our lives, and the field of law is no exception. There is no doubt that the legal landscape is changing rapidly as we move into the 21st century. Gone are the days when the stereotypical image of a lawyer involved poring over tons of documents. The emergence of legal technology is revolutionizing this profession. Legal technology, also known as legal tech or law tech, plays a significant role in the Indian legal system. It encompasses the use of various technologies, such as Artificial Intelligence (AI), Machine Learning, Automation, Virtual Reality, Augmented Reality, and Data Analytics, to improve the efficiency, accessibility, and effectiveness of legal services. Below are some of the key roles played by legal technology in Indian law:

Case Management

Legal research

Contract Management

Document Automation

Online Dispute Resolution

Access to Justice

Legal Analytics

E-Discovery

E-Filing

Benefits of Technology in Law

The adoption of technology in law offers several benefits that positively impact the legal profession and the administration of justice. It has replaced traditional approaches with modern methods revolutionizing today’s legal landscape. Some of the benefits of Legal Technology include increased efficiency, improved collaboration, fast process, enhanced access to information, large data storage space, enhanced legal research, cost savings, easy access, increased transparency, data analytics, predictive insights, and improved case management. Technology automates repetitive and time-consuming tasks, such as document management, legal research, and scheduling, allowing legal professionals to work more efficiently. This leads to reduced administrative burdens, improved productivity, and the ability to handle larger caseloads.

During the recent COVID-19 crisis, Judges, Advocates, Lawyers, and other staff members of the Court were forced to use virtual software to adhere to the ‘New Normal’. Also, the pandemic taught people to find long-lasting and alternative solutions with the help of available resources. Legal professionals used tools such as Microsoft Teams, Google Docs, Legodesk, and others to work together. The Cloud-based platforms and collaboration tools not only allow lawyers to work on documents simultaneously, but also share information in real-time, and communicate more effectively. Legal Tech provides legal professionals with instant access to vast databases of legal information and facilitates faster as well as more accurate legal research. It enables lawyers to find relevant precedents, analyze legal issues, and develop stronger arguments.

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Advanced Technologies utilized by the Supreme Court

The Supreme Court of India, High Courts, and various other law firms, for the past few years, are taking certain essential steps to adapt and embrace the technology for completing their chores easily and quickly. In the matter of Swapnil Tripathi vs. Supreme Court of India (2018), a nine-judge bench gave significant decisions on concepts of access to public information, Open justice, and transparency in the judicial process. Also, the main question addressed was, “Whether there should be live streaming of court proceedings or not?” The Supreme Court held that “Live-streaming of court proceedings is manifestly in the public interest. It is important to re-emphasize the significance of live-streaming as an extension of the principle of open justice and open courts. However, the process of live-streaming should be subjected to carefully structured guidelines.”

Earlier on August 26, 2014, the E-committee in discussion with the Supreme Court and High Courts discussed essential rules for live streaming of Court proceedings as well as addressed the concerns of confidentiality and privacy of litigants and witnesses. It was observed that “Courts must also take the aid of technology to enhance the principle of open courts by moving beyond physical accessibility to virtual accessibility.” E-committee submitted that so far in the Legal landscape, ICT (Information and Communication Technology) is incorporated in the Indian judiciary. Also, “a single unified Case Information System (CIS) Software has been developed for catering to the diversified requirements of the country in terms of local procedures, practices, and languages.” Other platforms for service delivery were also mentioned by the E-committee in their report including e-Courts Portal, Mobile App, SMS Push, SMS Pull, Automated eMails, E-Payment, E-Filing, Touch Screen Kiosks, and Service Centre.

On May 23, 2023, the Supreme Court of India invited Financial Bids, Technical Bids, and EMD for the Design, Development, and Implementation of AI tools for transcribing Court proceedings and arguments. As per the published notice, the meeting for the same was to be conducted on June 12, 2023, where the main focus of discussion was “Design, Development, and Implementation of Artificial Intelligence (AI) Solution, Tools for Transcribing Arguments and Court Proceedings at Supreme Court of India.” Recently on July 03, 2023, the Supreme Court reopens after summer vacation with a major digital change in the courtrooms with a futuristic LED video wall, state-of-the-art digital video conferencing for communication and collaboration, and free WiFi facility. Earlier in an event, CJI DY Chandrachud indicated the next step of the Indian Judiciary is the use of AI for translating judgments into different regional languages of India. The idea was applauded by the Prime Minister of India Narendra Modi terming it as a ‘Laudatory thought’.

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Also Read: Supreme Court Latest Updates

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Installation of Video Cameras at Toll Plazas to Promote Transparency and Lessen Congestion

Mr Akhilesh Srivastava has been part of the recently launched Online Dispute Resolution portal. This is yet another initiative proposed by him which is expected to develop and better the condition of the legal arbitration in the country. Not just that, Mr Akhilesh Srivastava also claims that this will bring about noticeable changes in the operations of the construction industry which is definitely an added bonus.

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Evaluating ADR for resolving women-related disputes (Part 3 of 3)

Arbitration, mediation, or consultation exemplify Alternative Conflict Resolution (ADR) procedures; to resolve conflicts without resorting to litigation. ADR methods are typically less expensive and quicker. They are becoming more common in cases that would otherwise go to court, such as high- profile labor disputes, divorce actions, and personal injury proceedings.

One of the key reasons that parties can favor ADR procedures to adversarial litigation is that, unlike adversarial litigation, ADR procedures are always constructive and allow the parties to consider each other's roles. ADR also encourages the sides to come up with more imaginative options that a judge would not be able to enforce legally.

Advantages of ADR in women related disputes.

Time Efficient

The idea that it typically takes much less time to achieve a final settlement than if the lawsuit went to trial is one of the advantages. An individual who is an authority in the subject area may even arbitrate or mediate the parties' conflict. In a typical trial containing complex and technical problems that few people outside of the related industry understand, a significant amount of time must be spent preparing the judge and jury only so they can make an educated decision. However, if the arbitrator has an experience in the subject area, much less time will be wasted on this, and the parties will be able to move on to the substantive problems of the case even faster.

Money Efficient

It often usually (but not always) costs considerably less money. This considerable time commitment often transforms into a significant financial investment. All parties may be forced to call specialist experts, who may demand exorbitant payments for their time

Autonomy- Furthermore, in the case of arbitration, the parties have much more autonomy in deciding which laws will be applicable to their dispute.

ADRs are being used in a growing number of situations, and the public has selected them for their simple and cost-effective advantages. Online Dispute Resolution and Gram Nyaylayas are two recent inventions in the field of alternative dispute resolution. These alternatives will expand ADR's reach in India. Mediation is expected to become the most effective in the coming years, as it promises a quicker resolution.

Mediation aids with recognizing the point at which the conflict occurred and the ways in which each side wishes it to be settled in some jurisdictions.Online Dispute Resolution and Gram Nyaylayas are two recent inventions in the field of

alternative dispute resolution

.

Disadvantages of ADR in women related disputes

It is often claimed that informal justice systems do not adequately protect women's rights. In various countries, the community leaders involved in informal dispute resolution are overwhelmingly older males, prompting criticism that “social hierarchies and inequalities are often reflected and reinforced” in dispute resolution systems.

This is especially troublesome if the emphasis on compromise and agreement leads to pressure on weaker parties (in this case, vulnerable women) to accept settlements that do not actually serve their best interests or may prevent them from acquiring their full legal rights.

While an increasing number of studies show that this is often the case, it is critical to understand the particulars of how different systems operate in different situations – especially for those considering whether or not to support various types of reforms aimed at helping the most vulnerable.

According to the Mediation Boards Act of 1987 and subsequent amendments, 8 women and men are legally obligated to use these processes to resolve a wide range of civil and criminal disputes, including assault, family disputes (including domestic violence), and more. primarily physical and often sexual violence), land and property disputes, and commercial transaction disputes, and to try to reach voluntary agreements before the cases are brought to a formal court of law.

Mediators seek to get to the "root cause" of the dispute and try to promote a mutually agreeable settlement that respects the interests of all disputing parties, according to the interest-based mediation procedure used by mediation boards. In contrast to rights, needs, or power-based approaches to conflict resolution, this method aims to be non-adversarial and collaborative.

The Potential for Gender Bias Power in Mediation

The parties to the mediation must start from equal positions of authority in order for the mediation to be successful. Economic, intellectual, physical, mental, and procedural power are all forms of power. However, many women are stuck in power imbalanced relationships, whether they are family, work-related, or contractual. Mediation in the face of these power imbalances calls into question the claim that mediation allows parties more control and self-determination than conventional lawsuits. The effect of power imbalances on mediation has received the most attention in the context of intimate relationships. The relationship between an abused woman and her abuser, for example, revolves around themes.

of power and control. The abuser uses a variety of tactics to create and maintain control over his victim throughout their relationship, ranging from isolation and mental and financial abuse to intimidation, coercion, threats, and physical violence. Furthermore, the abuser will regularly blame the victim for his abuse, leading her to think that if she conforms to his expectations, the abuse will cease. In an abusive relationship, the abuser has all of the power: legal, psychological, physical, and mental. It's impossible to expect him to give up that authority during the mediation process. As her abuser glares at her from across the table, the abused woman's concern for her physical safety may prevent her from feeling comfortable mediating.

The victim may feel pressured to settle or negotiate, believing that if she lowers her demands, the abuse (this time, the abuse associated with the mediation process) will stop. The abuser may change his demands repeatedly during negotiations to show the victim that he still has the authority to shape the agreement, and thus her life, according to his wishes. And here the objective of mediation gets fully destroyed.

When there is a fear of getting attacked in the process of mediation then what is the significance of it.When the victim needs to compromise out of fear then what is the use of this so-called mediation process.When the victim doesn’t get the chance to mediate fairly, then how can be this process useful. This is denying the

human and natural rights of women

Conclusion

Instead, the aim of mediation is to find areas of agreement between the parties; indignation is seen as unnecessary when the goal is to reach a consensus. However, the start of mediation may be the first time the woman in the mediation has been able to express her displeasure at her husband, her boss, or her adversary. When conventional societal prohibitions on female anger are combined with mediation's devaluation of anger, it's possible that mediators could silence women who are expressing these feelings for the first time, preventing women from achieving their goals through mediation.

Judges are responsible for ensuring that women are treated equally in mediation. First, judges, like all system actors, must be aware of the possibility of gender bias not only in their own courts, but also in the systems to which they refer female litigants. It is critical to receive training on women's issues, particularly the difficulties that mediation can cause for some women.

Alternative dispute resolution (ADR), which promises faster, cheaper, and more empowering interactions with the legal system, is required in a number of situations involving women. Although some women will be able to mediate efficiently, and some men engaged in mediation will be sensitive to the concerns raised in this article, the possibility of gender bias in the media is undoubtedly present. Failure to ensure that mediation not only treats women equally but also meets their specific needs would lead to alienation from alternative dispute resolution and, eventually, the legal system.

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Lessons From Dickens

Yesterday I finished watching the BBC adaptation of Charles Dickens’ famous novel, Bleak House.

For those who don’t know the novel, it centres on a high value court case which has dragged on for generations. Dickens introduces the case in the first chapter of his novel by saying that it “drones on” and “drags its dreary length before the Court, perennially hopeless”.

The case concerns a huge inheritance which promises to secure a life-changing fortune for the eventual beneficiaries, if they are ever found.

Eventually the intended beneficiaries of the estate are found and, sixty-five chapters later, we hear about the end of the case. However, the beneficiaries derive no benefit at all, as Dickens records, “the whole estate is found to have been absorbed in costs”.

Unfortunately, this type of story is not peculiar to the world of fiction. It is all too common in legal disputes that the legal fees spent fighting in court can far outweigh the amount that the parties are fighting over.

The problem is not limited to the type of case which, as in the case of Dickens’ Jarndyce v Jarndyce, has “become so complicated, that no man alive knows what it means”, or to those involving very large sums of money.

I recently dealt with a case which, after two years of legal wrangling, settled midway through the three-day trial. It was a relatively straightforward claim for £30,000, but the combined legal costs for the parties were approximately £120,000 (for which the losing party had to pick up the tab).

Dickens made no secret of his contempt for the court system which he viewed as close to useless. Sometimes, I’m inclined to agree. I’m also inclined to agree with Dickens that the law is not the “monstrous maze” that lawyers often make it out to be.

When seeking to explain the behaviour of a lawyer who preys on his client, using all his money on an ill-fated lawsuit, the Bleak House narrator states that “The one great principle of the English law is, to make business for itself”. While, sadly, this is often the case, it doesn’t have to be this way.

Alternative Dispute Resolution provides recognised methods of resolving disputes privately without the costs, wasted time and stress involved in taking a matter to court. This is what claimitonline is all about, and the benefits which it can offer to those involved in disputes are enormous.

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Akhilesh Srivastava’s ODR System gets Global Attention at its Launch

Mr Akhilesh Srivastava used technology as a tool to bring transparency and justice in the public sector. The ODR project also complements the Centre’s Digital India initiative as it digitalises the dispute resolution process. By eliminating paperwork, the ODR will expedite the process. Apart from the ODR, Mr Akhilesh Srivastava has also developed electronic toll payments for the highways sector. He integrated IT in highway projects and spearheaded all the major undertakings in the sector.

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Dispute Resolution Mechanism Bagged Appreciable Initiative by Vice President

The National Highway Authority of India’s Chief General Manager (IT & Highway Operations) Mr Akhilesh Srivastava is one of the founding members of the High powered committee on Online Dispute Resolution (ODR). The member of NHAI also calls him as the brain behind the design of the online portal for ODR. Mr Akhilesh Srivastava also believes that the ODR can increase the job opportunities significantly, especially for the software engineers and law graduates. It has the potential to make India the favorite destination for dispute resolution in future.

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Indian Arbitration to Gain a Boost Owing to the Implementation of ODR

Mr Akhilesh Srivastava have attended two national and international conferences as a representative of the NHAI. In the 4th Annual Roads and Highways Summit, which was conducted by International Road Federation of Geneva. Mr Akhilesh Srivastava shared his views on the subject of OBOR (One Belt One Road) along with two other panellists.

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Akhilesh Srivastava’s ODR System gets Global Attention at its Launch

The CGM of NHAI, Mr Akhilesh Srivastava introduced a system called Online Dispute Resolution (ODR) which was launched by honourable Vice President of India, M Venkaiah Naidu, on April 21st, 2018. Online Dispute Resolution (ODR) system got global awareness, these project also one of the important things in the development of Nation Highways India.