Senior Advocate Neeraj Kaul recently discussed the challenges that arise with virtual court hearings, while also noting that nothing can replace physical hearings..Kaul was speaking at a symposium organised by the CAN Foundation in partnership with National Law University, Jodhpur and Gujarat National Law University (GNLU) on the topic 'Strengthening Doorstep Justice - Augmenting Access to Virtual Courts’.Kaul brought to the table peculiar instances where inferences are drawn during proceedings based on the body language and demeanor of a witness. He stressed that this cannot be done in virtual hearings. ."While recording evidence, courts are also supposed to observe demeanour of the witness. If it is virtual, the courts can't observe. Under Indian laws, an accused has to be produced physically after arrest. If produced online, the accused may not speak freely", he said..Echoing certain concerns expressed by Senior Advocate Shyam Divan as well, Kaul made note of the adverse impact virtual hearings may have on fresh graduates who would, in normal circumstances, have learnt to litigate by participating in and observing court proceedings. ."Fresh graduates are missing out on court craft, arguments, hustle bustle of courtrooms. This was easily available during the normal times", Kaul remarked..Virtual Courts will make justice more accessible, cheaper: Senior Advocate Shyam Divan.While Kaul did acknowledge that virtual courts increase the justice delivery system's reach by giving access to everyone, everywhere, he noted that the other side of the coin was that matters were stuck at the evidence stage in trial courts. It is essential that a mechanism be set up to have virtual recording of evidence, he said..Senior advocate Neeraj Kaul also referred to concerns of technological barriers being faced widely in the country. He recommended that for the virtual court system to be effective, high speed internet was a necessity and that Work From Home staffers should be provided with such systems. ."In district court WiFis, LANs will make a difference. Work from home for staffers can be facilitated with distribution of computer systems", Kaul said..[Watch the Full Session].[Read a live-account]
Senior Advocate Neeraj Kaul recently discussed the challenges that arise with virtual court hearings, while also noting that nothing can replace physical hearings..Kaul was speaking at a symposium organised by the CAN Foundation in partnership with National Law University, Jodhpur and Gujarat National Law University (GNLU) on the topic 'Strengthening Doorstep Justice - Augmenting Access to Virtual Courts’.Kaul brought to the table peculiar instances where inferences are drawn during proceedings based on the body language and demeanor of a witness. He stressed that this cannot be done in virtual hearings. ."While recording evidence, courts are also supposed to observe demeanour of the witness. If it is virtual, the courts can't observe. Under Indian laws, an accused has to be produced physically after arrest. If produced online, the accused may not speak freely", he said..Echoing certain concerns expressed by Senior Advocate Shyam Divan as well, Kaul made note of the adverse impact virtual hearings may have on fresh graduates who would, in normal circumstances, have learnt to litigate by participating in and observing court proceedings. ."Fresh graduates are missing out on court craft, arguments, hustle bustle of courtrooms. This was easily available during the normal times", Kaul remarked..Virtual Courts will make justice more accessible, cheaper: Senior Advocate Shyam Divan.While Kaul did acknowledge that virtual courts increase the justice delivery system's reach by giving access to everyone, everywhere, he noted that the other side of the coin was that matters were stuck at the evidence stage in trial courts. It is essential that a mechanism be set up to have virtual recording of evidence, he said..Senior advocate Neeraj Kaul also referred to concerns of technological barriers being faced widely in the country. He recommended that for the virtual court system to be effective, high speed internet was a necessity and that Work From Home staffers should be provided with such systems. ."In district court WiFis, LANs will make a difference. Work from home for staffers can be facilitated with distribution of computer systems", Kaul said..[Watch the Full Session].[Read a live-account]
