Benefits of court digitisation yet to reach marginalised due to digital divide: Justice Surya Kant

Supreme Court Justice Surya Kant on Saturday opined that digital transformation of courts and its benefits are yet to reach marginalised communities.

Digital divide has become the new face of inequality and quality legal aid has not reached the marginalised, he lamented.

“Courts are online, legal records are digitised. But digital divide has become the new face of inequality and quality legal aid has not trickled down to the marginalised. It is not just about bridging technological divide but also bring people close to law which brings people close to justice. Technology offers not only tools but entire paradigm to make an inclusive justice system,” he said.

He was speaking at the Justice RC Lahoti Memorial Lecture organised by Manav Rachna University.

In his speech, Justice Kant emphasised that technology should not widen the gap between people and the law, especially for marginalised groups.

“Justice delayed justice denied was there. But now in digital age, justice undelivered due to inaccessibility or exclusion is worse because it breeds alienation. We must remember that justice is a human act and cannot be measured by bandwidth,” he said.

Justice Kant added that legal aid still remains unintelligible to many and digital tools have not bridged the divide.

“For many, legal aid remains unintelligible. Now there is also digital exclusion. Justice is only justice if it is accessible and visible and rooted in human dignity,” he said.

Virtual legal forums and ethics-driven technology can help bridge gaps, he suggested.

“Virtual lok adalats should also become virtual. Artificial Intelligence when used ethically can be a gamechanger. It can help citizens know their legal rights and systems can determine whether citizens qualify for free legal aid. Law schools can have immersive courtroom experience. For legal aid we should also look at crowd sourcing platforms etc.”

At the same time he warned against depersonalised systems.

“Another aspect is confidentiality. That must be protected. Privacy by design, user consent and continued public oversight must be there so that citizens know that their quest of justice does not come at the cost of their dignity. Above all, empathy must remain central, automated system is central but human touch is essential.”

Legal aid cannot become canned responses and be reduced to ticket numbers, he said.

"Technology is only a tool and heart of it must remain human," he emphasised.

Legal aid must move beyond procedural representation and must become a tool for empowerment, rooted in accessibility, language and dignity, the judge underscored.

He also stressed that judiciary must keep updating itself.

"Role of government cannot be avoided. Groundwork is being laid for ground level justice reforms. Judiciary must keep updating itself," he stated.

He noted that despite the constitutional promise of Article 39A, access to legal aid remains elusive.

“India is among few nations which mandate legal aid but still the stark truth is that disabled, women, children still encounter issues while accessing legal aid. True access to justice not just representation but also empowerment.”

The event was also attended by former Chief Justice of India UU Lalit who paid tribute to Justice RC Lahoti and spoke of his tenure in the Supreme Court.

“Justice Lahoti's career in the Supreme Court was for 7 years. I was just about rising in the profession when Justice Lahoti was on the bench. I would keenly observe him and if there was one Karmayogi in Supreme Court those days, it was him” Justice Lalit said.

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