BOON OR BANE?

While hearings have their pros during the pandemic, they are not without embarrassing glitches as tech-deficient advocates and judges grapple with the system. There is also the fear of security being compromised

- Dr Swati Jindal Garg

NOTHING in this world is constant but change. The Covid-19 pandemic has proved that human tenacity knows no bounds. What was unthinkable till a few months ago is the norm now and the speed with which the world has adapted itself to the new normal is proof enough that we shall overcome. The real question is, at what cost?

During these times when the judicial system is seeking the correct balance between hearing cases and staying safe, the courts started virtual hearings. This has reduced the number of cases heard per day as only urgent matters come up. Many people have turned to virtual platforms like webex, Cisco and other virtual conferencing applications to conduct meetings, mediations, arbitrations and other court matters. However, these virtual hearings are not error-free.

The screen is a window through a which one sees the virtual world. The challenge is to make that world look real, act real, sound real, feel real. Even though most claim that something is better than nothing and that virtual is as good as the real thing, the question remains whether we can actually make the virtual world look and feel as good as the real? Justice should not only be done but it should be seen to be done.

The biggest challenge confronting virtual hearings is that it becomes even more difficult for judges to control a virtual courtroom than a physical one. There have been many instances of advocates accidently turning on their videos and revealing them doing mundane tasks like brushing their teeth, etc., during court proceedings. Recently, a video where a lady advocate was seen throwing files and shouting at the judge during a virtual hearing garnered a many views.